Minutes - Police Commission of the City and County of San Francisco

DOCUMENTS DEPT.
SAN F CO

DOCUMENTS DEPARTMENT JlJN 3 ° 1978

SAN FRANCISCO PUBLIC LIBRARY

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Kef i

If 7. 7

5 JANUARY 1977 j , - REGULAR. MEETING

JH^uu^Mu

The^Bolice Commission of the City and
County of; San Pranciseo met in the 6th Floor
Auditorium, Hall of Justice, 850 Bryant Street,
on Wednesday, January 5, 1977 at 1730 hours in
regular session:

PRESENT: Commissioners Ciani, Gallegos, Hall, Q(
Murphy, Siggins

Commissioner Siggins presiding. §&mjfpancjsco

00 ^ ° FTOte'tiC LIBRARY

The members of the Commission, having
been furnished copies of the minutes of the
meetings of November 10, 1976 and December 22,
1976, reading of same was dispensed with and the
minutes of December 22, 1976 were approved. The
minutes of November 10,1976 were held over to a
later date.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

PRESENTATION OF CERTIFICATES AND MEDALS OF VALOR

The names of the following officers were
called and they appeared before the Commissioners
and received their respective awards. Commissioner
Hall who acted as Chairman of the Awards Committee
on December 17, 1976, stated to the audience that
this is the way the Police Department recognize
those who in the performance of their police ser-
vices to this city went beyond what the job re-
quired. He continued by saying that on behalf of
the Commission and the citizens of this city he
wanted to thank them for the job they have done
and also for the extra impetus that they added to
their services. He stated that in recognition of
it, 'the Commissioners are proud tonight to give
them Certificates along with Awards of Valor.

Police Officer Paul. D . Gossman Silver Medal

Police Officer Michael M. Shubin Silver Medal

Police Officer Stephen N. Bosshard. .. .Bronze Star

Police Officer Donald N. Moorehouse .. .Bronze Medal

Inspector Gus Coreris-Retired Meritorious Certificate

Commissioner Hall then stated to the
President, Commissioner Siggins, that he would
suggest that before entertaining item number k

- 2 -

of the Calendar, the Commission should first dis-
pose of the remaining items. The Commissioners
all agreed that item #4 would be the final item
to be acted upon.

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain stated that he did not have a report
for the Commission tonight.

RESOLUTION NO. 6-77

HEARING OP POLICE OFFICER JOHNNIE FLANNIGAN, MISSION
POLICE STATION.

WHEREAS, the hearing of Police Officer
Johnnie Flannigan, Mission Police Station, was
called, it having been set for this date; and

WHEREAS, Mr. Carlos C. LaRoche, who is
representing Police Officer Johnnie Flannigan, has
requested a continuance in this matter until the
criminal proceedings have been disposed of; there-
fore be it

RESOLVED, that the date for the hearing
of the disciplinary charges filed against Police
Officer Johnnie Flannigan is set for Wednesday
January 26,1977 at 5:30 p.m., in Room 551, Hall
of Justice.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 7-77

'HEARING OF TRAFFIC CONTROLMAN JOHN CONNOLLY, TRAFFIC
BUREAU

WHEREAS, the hearing of Traffic Controlman
John Connolly, Traffic Bureau, was called, it having
been set for this date; and

WHEREAS, Sergeant David P. Roche, Legal
Officer for the Prosecution, and the representative
of Local 400, Mr. James J. Diggins, have mutually
agreed that a continuance in this matter should be
granted; therefore be it

RESOLVED, that the date for the hearing

- 3 -

of the disciplinary charges filed against Traffic
Controlman John Connolly is set for Wednesday, Jan-
uary 19, 1977 at 5=30 p.m., in Room 551, Hall of
Justice .

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

RESOLUTION NO. 8-77

INSPECTOR RONALD LIMNEOS, BUREAU OF INSPECTORS

WHEREAS, charges of violating the Rules
and Procedures of the San Francisco Police Depart-
ment were filed against Inspector Ronald Limneoa,
as follows :

SPECIFICATION NO. 1

Failure to truthfully and without
evasion answer questions propounded
by persons having lawful authority
to conduct such an investigation.
(Violation of Rule 2.49 of the Rules
and Procedures of the San Francisco
Police Department.)

SPECIFICATION NO. 2

The unlawful taking of money and
property. (Violation of Rule 2.13
of the Rules and Procedures of the
San Francisco Police Department.)

SPECIFICATION NO. 3

Unlawful furnishing of a Controlled
Substance to unauthorized persons.
(Violation of Rule 2.13 of the Rules
and Procedures of the San Francisco

Police Department.)
SPECIFICATION NO. 4

Failure to make proper police report
(Violation of Rule 3-83 of the Rules
and Procedures of the San Francisco
Police Department.)

by Charles R. Gain,. Chief of Police; therefore be it

- n

RESOLVED, that the hearing before the
Police Commission on charges filed against In-
spector Ronald Limneos, Bureau of Inspectors, be,
and the same is hereby set for Wednesday, January
19, 1977 at 5:30 p.rrT. , in Room 551, Hall of Justice

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RECOMMENDATIONS OF THE TRAFFIC BUREAU

RESOLVED, that the recommendations of
the Traffic Bureau on the installation of zoning
for the regulation of traffic on the public streets,
be, and the same are hereby approved:

555 PACIFIC AVENUE - DON ERMANN ASSOCIATES

a) At 555 Pacific Avenue, install a 22'
yellow zone, to extend from 44 ' - 66'
east of west building line.

2125 CHESTNUT STREET - WALGREEN DRUG

a) At 2125 Chestnut Street, install a 40'
yellow zone, to extend from 88' - 128'
west of Steiner Street.

1530 LOMBARD STREET - REDWOOD INN MOTEL

a) At 1530 Lombard Street, install a
22' white zone, to extend west of
east building line.

701, CHESTNUT STREET - BIMBO'S 365 CLUB- WITHDRAWN

a) At 701 Chestnut Street, install a 100'
white zone, to extend west from east
property line
(THIS REQUEST WAS WITHDRAWN)

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RETIREMENTS

Communications were received from the
Retirement Board officially notifying the Police

- 5 -

Commission of the retirement of the following
named members of the Police Department:

a) Lieutenant Eugene H. Messerschmidt ,
Taraval Police Station, for service,
effective November 10, 1976.

b) Sergeant Theodore J. Connell, Bureau
of Criminal Information, for service,
effective October 27, 1976,

c) Sergeant Joseph F. Molinelli, Richmond
Police Station, for service, effective
December 8, 1976.

d) Police Officer Robert J. McHargue,

Ingleside Police Station, for service
effective December 7, 1976.

The communications were ordered filed

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 1-77

HENRY F. HELDT

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim of
Henry F. Heldt against the City and County of
San Francisco in the sum of $18.00 as the result
of a faulty tow, be, and the same is hereby ap-
proved .

Date of Incident: September 21, 1976

AYES: Commissioners Ciani, Gallegos, Hall
Murphy,, Siggins

RESOLUTION NO. 2-77
POLICE NARCOTIC FUND

RESOLVED, that the Controller be, and he

- 6

is hereby requested to draw a voucher in favor
of Chief of Police Charles R. Gain in the amount
of $4,000 charging same to appropriation no. 6.161.
890.050 as an advance on the Police Narcotic Fund
for the month of February, 1977. ,

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 3-77

POLICE CONTINGENT FUND

RESOLVED, that the Controller be, and
he is hereby requested to draw a voucher in the
sum of $3,000 charging same to appropriation no.
6.161.890.000 as an advance on the Police Contin-
gent Fund for the month of February, 1977.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 4-77

AUTHORIZING ATTENDANCE OF INSPECTOR EDWARD JOHNSTON,
INSPECTOR RAYMOND SKOW, POLICE OFFICERS DANIEL LAWS0N
AND RONALD KERN, AT A BASIC DRUG LAW ENFORCEMENT TRAIN-
ING COURSE AT THE COLLEGE OF THE REDWOODS, EUREKA,
CALIFORNIA, FROM JANUARY 31, 1977 TO FEBRUARY 11,
1977, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Inspector Edward Johnston, In-
spector Raymond Skow, Police Officers Daniel Lawson
and Ronald Kern, be detailed "-to attend a Basic Drug
Law Enforcement Training Course at the College of
'the Redwoods, Eureka, California, from January 31,1977
to February 11, 1977, inclusive, be, and the same is
hereby approved; and^ be it further

RESOLVED, that expenses incurred by the
above-named members of the Police Department in a
sum not to exceed $480.63 each will be defrayed by
the Police Department » s Police Officers Training
Fund .

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

- 7 -

RESOLUTION NO. 5-77

AUTHORIZING ATTENDANCE OF POLICE OFFICER JOHN F.
DEVINE, SPECIAL ASSISTANT TO THE CHIEF OF POLICE,
AT A NATIONAL POLICE STRESS PROBLEM SOLVING SEM-
INAR AT QUANTICO, VIRGINIA, FROM JANUARY 18,1977
TO JANUARY 21, 1977, INCLUSIVE.

RESOLVED, that the recomme<ndat ion of the
Chief of Police that Police Officer John F. Devine,
Special Assistant to the Chief of Police, be detailed
to attend a National Police Stress Problem Solving
Seminar at Quantico, Virginia, from January 18, 1977
to January 21, 1977, inclusive, be, and the same is
hereby approved; and be it further

RESOLVED, that expenses incurred by Police
Officer John F. Devine, in attending this seminar,
will be defrayed by the F.B.I.

AYES: Commissioners 'Ciani, Gallegos, Hall
Murphy, Siggins

WEEKLY SICK REPORT

Chief of Police Charles R. Gain submitted a report
of members of the. Department off duty due to sickness
and disability for the week ending Tuesday, December
28, 1976, as follows:

Daily average for the week sick 62

Daily average for the week dis-
abled 113

PREVIOUS WEEK

82

110

TOTALS 175

192

This is a decrease of seventeen (17) members off
duty daily from the previous week.

1 PREVIOUS WEEK

Daily percentage for the week sick 3-15 6.65

Daily percentage for the week dis-
abled 6.79 fKOl

TOTALS 9-94 10.66

Sick and Disabled for week ending Saturday,
January 3, 1976

Daily average for the week sick 4 8

Daily average for the week disabled 93

* TOTAL , 141

Daily percentage for the week sick 2.^7

Daily percentage for the week disabled 4.98

TOTAL 7.45

Sick and Disabled for week ending Tuesday,
December 7, 1976:

Daily average for the week sick 88

Daily average for the week disabled 123

TOTAL 211

Daily percentage for the week sick 4.25

Daily percentage for the week disabled 7.4l

TOTAL 11.66

The report was ordered filed.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

POLICE COMMISSION DISCUSSION REGARDING THE DIRECTOR-
SHIP OP THE POLICE COMMUNITY RELATIONS UNIT.

Commissioner Siggins: "Ladies and Gentlemen, the Police
Commission back in 1962, adopted a Resolution that creat-
ed in the San Francisco Police Department a Community
Relations Unit. It has been in existence since that
time. Last Wednesday evening, Chief Gain announced
to the Commission at a personnel meeting prior to the
Commission Meeting, that he was going to replace the
Director of the Police Community Relations Bureau,
'Inspector Rodney Williams with Sergeant Henry M. Williams,
When that was announced at the Commission Meeting by the
Chief in his report, Mr. Joseph Hall asked that this mat-
ter be continued to this week so that there could be
some public discussion. I should point out that the
Community Relations Unit as adopted by the Police Com-
mission will remain as a Police Community Relations
Unit until further change by the Police Commission.
It is a part of the Department that is written into
the Rules and Procedures. Tonight, it is not on our
agenda to consider any change in Personnel in the
Police Community Relations Unit, but we welcome and
have invited anyone to discuss the matter before us.

9 -

We understand some people will be talking about
the change in personnel, made by the Chief of Police .
in his role as manager of the Department. We dis-
cussed with Mr.. Hall last week on setting aside one
hour for discussion sO I think that , at this time
we will ask that all speakers limit their discussions
to four minutes."

Commissioner Ciani: "As was stated at the meeting
last week, this Commission does not have before it
consideration of reversing the action taken by the
Chief. We are holding this Public Discussion be-
cause we think that the Community Relations Unit
is important to the Community and we would like to
hear your views on the status of the Unit . We will
not be taking action as a result of this discussion',
There is no action calendared to be taken with re-
gard to the transfer of the Director."

Commissioner Hall: "Mr. Chairman , I think it should
be said that that does not prevent a person from
expressing his or her feeling as to the change."

Commissioner Siggins : "That is correct Commissioner
Hall. Sergeant Frazier, will you call the first
speaker?"

The speakers who spoke in opposition to the change
of the Directorship of the Police Community Rela-
tions Unit are listed as follows:

Joseph E. Hall

President, NAACP

2085 Sutter Street

San Francisco, California

Robert Gnaizda

Public Advocates

433 Turk Street

San. Francisco, California

Idaree Westbrook
"Black Leadership Forum
280 Clayton
San Francisco, California

Lois Salisbury, Esq.,

(Officers for Justice Counsel)

Public Advocates

433 Turk Street

San Francisco, California

Rev. Dr. A. C. Ubalde, Jr.
Bethany U. Meth. Church
1268 Sanchez Street
San Francisco, California

10 -

Beatrice Duncan

National Women's Political Caucus

737 Haight Street

San Francisco, California

Helen C. Jones

Member of Community

2096 Pine Street

San Francisco, California

Julius Zamacona

Civil P.C.R.

63 San Juan Avenue

San Francisco, California

Wil Battle

Officers For Justice

Hall of Justice

San Francisco, California

Joel MitChill

2140 Hayes Street

San Francisco, California

Yvonne S. Golden

San Francisco Black Teachers

Caucus
742-37th Avenue
San Francisco, California

Gloria Davis

San Francisco Black Teachers

Caucus
550 Sargent Street
San Francisco, California

Elouise Westbrook

Concern Citizen

152 Maddux

San Francisco, California

Noah Griffin

839-^lst Avenue

San Fr'ancisco, Califorhia

Jim Gonzalez

Latin American Teachers

Association
478 Bartlett
San Francisco, California

Vernon Duncan

San Francisco Political

Fellowship
737 Haight Street
San Francisco, California

Pearl B. Manuel (did not speak)

Telegraph Hill-North Beach

660 Lombard Street

San Francisco, California

- 11 -

William Murdock

595 John Muir Drive

San Francisco, California

Gerry Hirtado
Chairman, Division Task

Force, Mayor's Criminal

Justice Council
59 Wood
San Francisco, California

Henry Der - Chinese for Affirmative Action

950 Stanton Street

San Francisco, California

Jesse Tepper

1467 Clayton Street

San Francisco, California

Wallace E. Stokes

939 Randolph Street

San Francisco, California

Ronnie Larsen

Police Incidents Group

2795 - 16th Street

San Francisco, California spoke in regard to the
Office of Citizen Complaints Proposal requesting
the Commission to designate a time for further
discussion on the matter.

Bob Covington

San Francisco Black Political

Caucus
221 Louisburg
San Francisco, California

Del Martin

Commission on the Status of Women

651 Duncan Street

San FRancisco, California

After listening to comments of the last;, speaker, Com-
missioner Siggins then asked if there was any comment
from his fellow Commissioners?

Commissioner Hall then stated that it appears from the
people that he is supposed to be representing that he
'should say something. He continued by saying, "Let me
just say two things; I am happy that you expect so
much of me, I am only sorry that you aren't aware of
what I have done in this situation. You ask those
who know; you will not get it by trying to put me on
the spot; ask some of those speakers you heard tonight,
ask some of the Commissioners and if you want, ask the
Chief, they will tell you the position I have taken
and the manner in which I have voiced my own opinion.
I will not do it tonight simply because of the manner
in which you are trying to elicit it from me."

Commissioner Siggins asked if there were any other
Commissioners who wanted to speak?

12 -

i

Commissioner Murphy said yes: "I was absent last week,
I was out of town. I am sorry I was because I did
not hear the Chief's presentation of why he wanted
to transfer Rodney Williams. I too have been very
concerned and interested in this for a long time,
long before I ever thought about being a Police
Commissioner. Rodney Williams and I have known
each other for a long time. When Whitney Young came
to town, he was with me to greet him and be with him.
I am unalterably opposed, and I am only one vote, out
of five, to dismantling the Community Relations Unit.
But let me warn you, I think there are many ways of
dismantling it that could be done without possibly
even our knowing it, I don't know. I think for ex-
ample, you can transfer staff out, I think you can
not give it support and when an organization is not
given support then it has a hard row to hoe. Other
then that I am an Administrator, I have been an
Administrator for a large office and I do believe
that you cannot say, look you can put Joe Blow here
and you can put somebody else here. Five people
can't do it and have some kind of cohesiveness , I
believe that. I don't know all that I have heard
about this situation, I shall try to learn more
and when we have an opportunity to discuss it and
the plans are made for this division, I shall try
to learn more and when we have an opportunity to
discuss it, the plans that are made for this div-
ision, or unit or whatever it is, and what plans
that grow out of this, I will be interested in ' it
and I shall make up my mind and I shall also say
what I think about it."

Commissioner Siggins : "Well, I would say just
as Reverend Hall just said that I have been con-
stantly convinced that Rodney Williams has been
a very positive image to the Community, but I would
also say that there is a very moral question in-
volved when we have a management decision by Chief
Gain. I analyze it as well as Stokes analyzed it
tonight to the ..point where it must be decided that
you cannot duck the issue in your own mind and we
did not duck the issue. In discussions of a per-
sonnel matter, with Chief Gain, both as a Commis-
sioner joined together in Executive Session or as
President of the Police Commission in daily contact
with the Chief, I am convinced that Chief Gain did
not 'act in an arbitrary or a capricious manner. I
believe that honestly, it is a moral question to
me just as much as it is a moral question to Chief
Gain. He had to make a decision, a tough manage-
ment decision for the best of the people that he
serves and I am convinced that he did that. I say
this, Sergeant Henry Williams has a tough job to
do and I wish Sergeant Henry Williams the best, and
we will support the Community Relations Unit."

Chief Gain then made the following statement:
"My statement will be brief. I made a very clear
statement at the Police Commission Meeting of last
week which has been accurately reported in the
News Media and I will stand on thatJ statement and
I will stand on the decision that I made."

- 13 -

Commissioner Siggins then stated that there has
been a motion by Commissioner Ciani for adjourn-
ment and seconded by Commissioner Gallegos; "All
in favor?"

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

The Commission then adjourned its meeting.

-. 14 -

12 JANUARY 1977

'■MOyUuM^

The Police Commission of the City and
County o£. San Francisco did not hold their regular
meeting on this date.

- 35

2k JANUARY 1977 kj ' ,

SPECIAL MEETING

The^olice Commission of the City and
County of^San Francisco met in the 6th Floor
Auditorium, Hall of Justice, 850 Bryant Street,
on Monday, January 24, 1977 at 1800 hours in
Special Session:

PRESENT: Commissioners Ciani, Gallegos, Hall
Siggins

ABSENT

Commissioner Murphy

Commissioner Siggins presiding

MAR 1

HEARING OF TRAFFIC CONTROLMAN JOHN CONNOLLY,
TRAFFIC BUREAU

Sergeant David Roche from the Legal Offi
ing as the Prosecutor for the Police Dep
this matter stated: "Traffic Controlman
nolly Is currently on suspension from t
Department and has been so for more than
Our rules require that he be brought to
30 days. Mr. Connolly is presently in t
and unable to appear. He has refused to
of absence and prefers to use sick time,
I propose tonight that I be allowed to c
ness, swear him in, and have jeopardy at
that it would be the start of the trial
a continuance until such time as Traffic
Connolly is available, thus allowing us
with our own rules."

ce and act-
artment in

John Con-
he Police

30 days,
trial within
he hospital

take a leave

therefore
all one wit-
tached so
and request

Controlman
to comply

Commissioner Gallegos: "Sergeant Roche, in a situa-
tion like this, isn't the officer entitled to have
someone here to represent him?"

Sergeant Roche: "We are not going to have the trial
tonight, I am only going to call-one witness to attach
jeopardy and then request a continuance without pre-
senting any evidence. That way jeopardy attaches we
have the trial started within our period required by
our rules."

Commissioner Ciani: "Is he represented by counsel?"

Sergeant Roche: "To my knowledge he has been repre-
sented by thr^ee different counsels thus far and each

- 36 -

one of them has informed me that they have abandoned
the case and refuse to represent him."

Commissioner Gallegos: "Has he been formally advised
of this hearing?"

Sergeant Roche: "He has."

Sergeant Ray Michellis of the Traffic Bureau, was
then called and sworn.

Commissioner Siggins : "Before you start Sergeant
Roche, did you state for the record that Traffic
Controlman John Connolly has been notified of the
time and place for this trial?"

Sergeant Roche: "He has Commissioner Siggins. Mr.
Connolly was notified today through his doctor,
that we would start the trial this evening. We were
unable to contact him directly because he has just
undergone a rather serious operation. Ordinarily
we wouldn't go through these proceedings except for
the fact that he has absolutely refused to. take a
leave of absence. Commissioners, since the defen-
dant is not present at this time, I would request
a continuance until such time as the defendant is
physically able to be present at this trial."

Commissioner Siggins: "Alright, have Sergeant
Michellis state his name and badge number."

Sergeant Michellis: "Yes, Raymond Steven Michellis
star number 1607, Sergeant of Police, San Francisco
Police Department . "

Commissioner Siggins: "Okay, then the matter will
be continued and will be heard at a later time."

RESOLUTION NO 9-77

HEARING OF TRAFFIC CONTROLMAN JOHN CONNOLLY, TRAFFIC
BUREAU

The hearing of Traffic Controlman John
Connolly, Traffic Bureau, was called, it having
been set for this date. Traffic Controlman John
Connolly was charged with violating the Rules and
Procedures of the San Francisco Police Department,
as follows :

SPECIFICATION NO . 1

Failure to Obey Direct Order (Violation

- 37

of Section 2.45 of the Rules and
Procedures of the San Francisco
Police Department.)

SPECIFICATION NO . 2

Activity Reflecting Discredit
Upon the Department. (Violation
of Section 2.13 of the Rules and
Procedures of the San Francisco
Police Department.)"

Traffic Controlman John Connolly did not
appear in person, and was not represented by an
attorney .

Sergeant David P. Roche, Legal Officer,
appeared as Prosecutor for the Police Department,
and stated: "Traffic Controlman John Connolly is
currently on suspension from the Police Department
and has been so for more than thirty days. Our
rules require that he be brought to trial within
thirty days. Traffic Controlman Connolly is pre-
sently in the hsoptial and unable to appear. He
has refused to take a Leave of Absence, and prefers
to use sick time; therefore, I propose tonight that
I be allowed to call one witness, swear him in, and
have jeopardy attached so that it would be the start
of the trial and request a continuance until such
time as Traffic Controlman Connolly Is available,
thus allowing us to comply with the Rules and Pro-
cedures of the San Francisco Police Department."

Commissioner Siggins then stated to Ser-
geant David P. Roche, Legal Officer, to call his
witness. The following-named witness was called,
and sworn:

Sergeant Raymond S .Michellis
Traffic Bureau

Sergeant Roche stated he was unable to con-
tact Traffic Controlman Connolly directly because he
had just undergone a rather serious operation; how-
ever, he was notified on Wednesday, January 24, 1977,
through his doctor, that we would start the trial this
evening .

The matter was then continued, and will be
held in its entirety at a later date.

AYES: Commissioners Ciani, Gallegos ,Hall ,
Siggins

NOT VOTING: Commissioner Murphy

(The entire proceedings were
recorded on a cassette tape.)

38 -

AMENDING POLICE CODE BY AMENDING SECTION II83
THEREOF, PROHIBITING OPERATION OF INTERURBAN
PASSENGER MOTOR BUSES WITHIN CERTAIN AREAS.

Sergeant Roche: "Commissioners, we received a
lettei- from the Department of Public Works that
the San Mateo Transit District is going to under-
take the routes that are ...presently operated by
the Greyhound. Commuters of San Mateo County. We
have an ordinance, Section 1183 of our Police code
that forbids the use of Market Street to inter-
urban busses. We don't issue permits to inter-
urban busses any more that is all done by the PUC ,
however, we do have a governmental Interest in
establishing routes. The San Mateo Transit District
would like to take their busses off the freeway,
go up 9th Street, have one stop at 9th, one stop
at 7th, one stop at Spear and one stop at Main
Street. It would then make a loop, come back up
Market Street, stopping at each location that the
Muni Bus stops and then up McAllister to Leaven-
worth, down Leavenworth, across Tenth and then back
to the Freeway. This Ordinance is actually a Pub-
lic Works Ordinance and they have recommended it to
us. There is no objection to it from the Traffic Bureau
and the Public Works has requested as a courtesy be-
cause we are primarily the Department that enforces
the Police Code as a courtesy before they would
make any amendment In our code, they have requested
that this Commission send a letter to them that we
have no objection to that amendment to the Code."

.:■

Commissioner Siggins : "The actual amendment involves
adding to the provisions of Section II83, 'Shall not
apply to busses operated by the San Mateo County Tran-
sit District on Market Street between 5th Street and
Main Street,' is that correct?"

Sergeant Roche: "That is correct

Commissioner Gallegos :
ment on this?"

"Was the Muni asked to corn-

Sergeant Roche: "We did not ask, that is up to Public
Works. This is actually a Public Works Ordinance. It
is up to Public Works to talk to City Planning and each
Department that would be involved. They asked us
from just a traffic standpoint from a police depart-
ment enforcement standpoint, if we have any objection."

Commissioner Hall: "Mr,
proval of the amendment ,

Chairman, I move for the ap-

Commissioner Siggins: "Motion by Commissioner Hall,
seconded by Commissioner Ciani . Any further discussion?"

- 39 -

All in favor?"

AYES: Commissioners Ciani , Gallegos, Hall,
Murphy, Siggins

PUBLIC HEARING ON THE PROPOSED POLICE DEPARTMENT
BUDGET FOR FISCAL YEAR 1977/78.

Chief Gain: "Mr. President, with your permission
and that of the Commission, I would have Lieutenant
Mike Lennon and Captain Mullen, our Budget Officers,
make a presentation."

Lieutenant Lennon then capsulized on a three page
summary of the budget. He stated that it is a three
page summary of the various categories and how they
compared to last year's request and approvals. He
then stated that the Staff recommendation for the
police department for the 77/78 budget Is in the
amount of $83 , 440 ,458 . He further stated that this
compares to last years request of $82,596,000., an
increase of .7 of 1% over last year's request.

Commissioner Gallegos then asked for a breakdown
on the equipment to be purchased if the funds are
approved for the crime lab and photo lab, what it
does as far as bringing it up to standards. He
stated that there has been some concern about the
adequacy of those two labs, the crime lab and photo
lab .

Deputy Chief of Support Services Mario Amoroso, then
answered the Commissioner's question in this regard
He then itemized the type of equipment that he was
asking for to bring the lab up to standard . He
then called upon the Criminologist, Mr. Shoji Horo-
koshi to explain the exotic types of equipment they
were requesting.

Commissioner Ciani Inquired as to the state of the
Police Buildings as far as conditions were concerned.
She wanted to know if the conditions are deteriorating
from last year or if repairs had been made. She not-
iced that there was $15,000 dollars for last year's
budget. Deputy Chief of Field Operations, Clement D.
DeAmicis, stated that there has been no significant
repair that there had been very little patchup work
done on any of the buildings and the department is
one year worse than it was last year.

Commissioner Gallegos stated that the Commission should
have a report of the conditions in those buildings be-
cause of the fact that the public does go there for
a variety of reasons and they were entitled to at least
some sanitation improvements.

- 40 -

Lieutenant Lennon then stated that they would have
a report by Wednesday on what the Department of Tub-
lie Works intends to do regarding the Police Depart-
ment facilities.

Commissioner Gallegos then spoke in regards to the Com-
munity Relations Bureau request for $20,000 the year
before and are now requesting only $5,000. He then
requested an explanation for this ./ear's difference.

Chief Gain stated that there was insufficient justi-
fication emminating from the Unit for a request of
more then $5,000 dollars.

Commissioner Ciani then asked for an explanation of "
the figure in the footnote on #48, she stated that
thfe figure they were given doesn't include the $926,
000 dollars. She asked if the total figure for the
budget $83,^40,458 included the $926,661?'

Captain Mullen stated that the footnote in the budget
process predates the final total they came up with,
so the question revolves around $926,000 dollars for
sworn officers in Internal Affairs and $686,000 dol-
lars for an Office of Civilians to conduct the in-
vestigations of complaints against police department
personnel .

Commissioner Gallegos then stated that he wanted
it clarified as to whether the retention of the IAB
if kept as it is now would add $926,000 dollars to
the total $83,440,458 or is it included?

Lieutenant Lennon stated that it was included.

Commissioner Gallegos then stated that then if the
Commission chose the other alternative, it would be
a $300,000 dollar, decrease from the $83,440,458 dol-
lars?

Lieutenant Lennon stated that is correct

Commissioner Siggins asked if there were any further
questions from the Commissioners and If not, then
public testimony would be taken.

The speakers who all spoke on the different facets
of the Budget were as follows:

Mr. Joseph Hall, President of the S.F. NAACP

Mr. Richard D. Tropp

Ms. Vera L. Young

Ms. Mary Vail, Citizens for Justice

Mr. Johnny Brown

Mrs. Rosario Martinez, Police Incidents Group.

Mr. John D. Bardis, Inner Sunset Action Committee

m -

Police Officer Will Battle, President of the
Officers For Justice Police Association
Mr. Jim Earnshaw, Psychologist

Mr. James Brosnahan, President, Bar Association
Mr. Amitai Schwartz, Bar Association
Mr. Harvey Milk

Mr. A.R.Roderick, Civilian Community Relations
Ms. Nedra Ruiz, Police Incidents Group
Mr. Ray Broshears, Gay Alliance

Commissioner Ciani then stated that she believed the
budget was on the Commission agenda to be voted on
this coming Wednesday night. She stated that she
would like to say for those persons who are still
present that she personally thought that the Depart-
ment should have some experiment with the use of
civilian investigators and that she would put together
a proposal and present it at the next meeting.

Commissioner Gallegos then asked what the
Commission would be receiving on Wednesday, would
it be a revision of the summary budget or the same
type information that the Commission has before
them now. He then stated that on Wednesday the
Commission will vote specifically on the Major item,
Item #48 and whether the Commission wants to in-
clude in it the amount for the existing IAB or
the proposal for the O.C.C.

Lieutenant Lennon then stated that the Department
should send one or the other to the Mayor's Office

Chief Gain stated that if the Commission adopts
the budget as it presently is, that it would mean
that the Commission is adopting all police personnel
in the IAB. It would actually have to be amended to
include the O.C.C.

Commissioner Ciani noted that: one; of "the speakers
had. cautioned tthat the Comiriissidn should be very care-
ful that the i Budget submitted contains .all of the needed
personnel and ..resources . We have '.to look to staff to ;
assure' us that this, budget hasi not; rbeen scaled 'down'",
in accordance with staff 's view of what we can get
from the Supervisors , but rather, represents what we
heed to do the job that the Department has .before it.
She stated that she was very concerned that last year
during the ^Budget process, we may have scaled things
down more willingly than we should have. "I want to
be sure that our initial request comports' with what
you feel is our needs."

Chief Gain answered: "Last year what we scaled down
to the extent that we did, was not in personnel at
all. What we submitted contained all of the person-
nel. There was overtime money that we reduced but
not essential needs at all. All of the cuts we suffer-
ed were mandated. So you are getting a budget that

- 1J2

represents what we feel our needs are and parti-
cularly In regards to personnel that number which
we feel we could recruit within a calendar year.

Lieutenant Lennon stated that in regard to O.C.C.,
and the whole budget that within the next month
the judgments could be made in the budget. So
it is not absolutely critical Wednesday night that
the decision be made on the O.C.C. We can submit
the budget as it is and if you do not make a de-
cision then that budget could be amended within
the- next month.

Commissioner Siggins stated that the Mayor's Office
understands that the Commission is wrestling with
the problem and that he didn't think that the Com-
mission was under that time limit.

Commissioner Gallegos: "Chief, a number of questions
were raised this evening about the deployment of per-
sonnel, the shifting of vice officers to elsewhere,
where it would do the most good, would you comment
on that?"

Chief Gain: "Yes, what we have done continually
and what necessarily must be done continually, is
to re-assign personnel based upon needs and what
we have done throughout all of 1976, is re-assign
personnel to the patrol force. The BSS has not
changed substantially at all. We have assigned,
I think, two or three female police officers there
as decoys, perhaps four, but it is basically the
same personnel as it has always been. We would
hope as we get certain problems under control, that
we can assign some of those personnel elsewhere.
We are constantly evaluating and re-assigning, it
is just a continual process. Might I add, as you
recognize in our budget, that it is a line item bud-
get and there is no specific allocation to organi-
zation of units, those can be changed any time.
If the police were to adopt a policy regarding a
particular program or a function that would call
for a re-assignment of personnel too."

Commissioner Gallegos: "I would just make a final
comment that I would hope that at the point where
we approved the budget or recommend the budget to
the Mayor 'for his review and to the Board of Super-
visors, that we help the public be made aware of
what our priorities are with respect to an in-
crease for a permanent staff, I think of 130 sworn
personnel plus the 23 plus 3 non-uniform personnel.
That the rational be so that we can transmit that
clearly. The other thing that we have discussed
was the continuation of the Police Community Re-
lations Unit and I would like to know what compara-
tive cost are dollarwise. We don't have to do that
tonight, but I think that, but whatever we transmit
on that should be clear that we are not disbanding
that unit but the fact is that we are keeping it
up to strength as I understand there has been a

- 43

lot of concern about our posture on that. I think
the other question about upgrading equipment and the
kind of physical aspects of the needs of the Depart-
ment in terms of importance of upgrading it need to
be spelled out very clearly. I am still a little
concerned about the capital cost, about the fact that
so little money seems to go into the repair and up-
keep and maintenance of the various stations be-
cause the officers have to live there a great part
of the time and I think its a morale issue as well
as it relates to the decency of the way in which
people are treated. As I say, a lot of people go
there for a variety of reasons and I think they are
places where people have to spend some amount of time
and I am not suggesting comfort as much as I am the
issue of cleanliness, safety and so on. And then
the other issue the final one is the whole Office
of Citizen Complaints which I think is constantly
misconstrued as to what it is not as to what is
being proposed. And I think coming to grips with
that immediately because I think that a great deal
of the public who has spoken on that issue, I think
is asking for and in some instance is demanding a
response and I think one of the things is a trouble-
some part of that is the fact that the rank and file
police officers have not really been very ominent
on it and. 'this is one of the things that have troubled
some of us, but I am prepared to vote on it. I hope
that we can resolve that very soon."

Commissioner Siggins then stated that a motion has
been made by Commissioner Ciani and seconded by
Commissioner Hall to adjourn, all in favor?"

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

The Commission then adjourned its meeting.

SECRETARY

M , y ( H7l

im _

2 6 JANUARY 1977 , REGULAR MEETING

The-sPolice Commission of the City
and Count, of^S-an Francisco, met In their chambers
Room 551, Hall of Justice, 850 Bryant Street, on
Wednesday, January 26, 1977 at 1730 hours, in
regular session.

PRESENT: Commissioners Ciani, Gallegos, Hall
Siggins

ABSENT: Commissioner Murphy DOCUMENTS

MAR 1 5 1

Commissioner Siggins presiding

SAM FRANCISCO
PUBLIC LIBRARY

The members of the Commission, having
been furnished copies of the minutes of the meeting
of January 19, 1977, sufficient time was: not avail-
able to peruse for approval and approval of same
was continued until the meeting of January 26, 1977,

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

Executive Session, Personnel Matters Decision on
appointments were covered in the Chief's Report.

Commissioner Siggins stated that before going to
the Chief's REport and in regard to item #5, the
COMO people told him that they would take about
five or ten minutes to make a presentation and
and because he anticipated that item #4 would take
a lot longer he told them that that wou] d be al-
right. However, he stated, before this presenta-
tion is made he wanted the Chief to report what
he has done in response to COMO'S request for
replacement of Mounted Police in McLaren Park.

Chief Gain stated that with the Commission's per-
mission he would have Deputy Chief DeAmicis, who
has been working with this matter and who had met
several times with COMO representatives make the
report .

Chief DeAmicis in his report revealed that at one-
time ;here were 22 officers assigned to the mounted
unit to patrol various parks In the City. He stated
that -wo years ago that number was reduced to 12.
He continued by saying that in September of last
year, the two mounted officer;- assigned to McLaren
Pai'k /ere either sick or injured and therefore no

>Vj -

mounted officers have since been assigned. He
stated that he and the Captain of that unit had
conferred and concluded that crime in McLaren
Park had been on the decrease and crime in areas
such as Golden Gate Park had continued to in-
crease so it was the Captain's decision and it
was endorsed by him that the twomounted officers
not be replaced in John McLaren Park until the
Department could bulk up the number of officers
in the Mounted Unit. He stated that he had at-
tended several meetings with the people from COMO
and stated the department's position in the mat-
ter. This position is he said, that if the depart-
ment is able to get the additional manpower re-
quested, that the Mounted Unit would be increased
and the two Mounted Officers would be restored to
John McLaren Park by March 16, 1977. He stated
that at the present time there are from two to
four officers that patrol McLaren Park during the
daytime on Honda Motorcycles.

Mr. James Walker representative of the COMO group
stated that the issue is who knows crime best and
the \\fay that he sees it, it is the people in the
neighborhood who knows crime best. He stated that
many golfers have been mugged and when there are
no police around to make arrests or take reports,
then naturally the crime rate is going to go down.
He continued by saying that there are seven " schools
in that area and pointed out that you start with
truancy and go to vandalism and burglaries, and
it is obvious that the horse patrolmen should be
returned. He stated that this has been promised
to occur by March 16th, but he would like to know
how the Police Commission stood as far as an im-
mediate return of the Mounted Officers to the McLaren
Park?

Commissioner Siggins stated that the Commission felt
that the date set by the Chief to return the Mounted
Officers to McLaren Park should prevail.

REQUEST OF MIRANDA NELSON - WHITE PANTHER PARTY

Miranda Nelson stated that she would like to read a
letter from Tom Stevens to Chief Gain and was per-
mitted to do so. After reading the letter she sta-
ted "is it not clear to the Police Commission that
there is no way they can honestly investigate the
July 12th incident? Is it not clear that the Police
Department is not perpetrating the old guise but
fabricating new ones as well? Is it not clear that
it was absurd to the Police Commission to ever con-
sider this investigation within their purview? Is
it not clear that this matter should be sent back
to the Human Rights Commission? The Police Com-
mission's loyalty to the Police Department is in-
disputable. The Department's response to my alle-
gations makes it obvious that they are not about
to volunteer the real facts. The initial latching
on to this issue by the Police Commission thereby
removing it from the Human Right;-. Commission, was.

- 46

not the cooperation that was sought.

The essence of the July 12, atrocity goes beyond
the investigative abilities of the Police Commis-
sion, the Police Department and Internal Affairs
Bureau. "

She then stated to the Commission that after re-
viewing their allegations can they (the Commission)
do an investigation?

Commissioner Siggins then stated that the Chief
would make some comment in regard to the January
12,1977 letter given to Ms. Nelson.

Chief Gain responded by saying that he wanted to
apologize to the Commission and to the White Panther
Party, for an inadequate response to the document
received from the White Panther Party. He stated
that after a meeting with Ms. Nelson and Mr .iand-
berg, he came to the conclusion that a letter he
signed without thorough analysis was not appropriate.
He stated that since that time he has met with the
Legal STaff and had them draw up a letter which the
Commission and the White Panthers now has dated Jan-
uary 26, which he feels is responsive to that document
for the purpose of discussion at this meeting if the
Commission and the White Panther Party members have
had time to read it.

Discussion continued and Commissioner Siggins ad-
vised the White Panther members to set up an ap-
pointment with the Chief and his staff to go over
specific allegations in an attempt to narrow the
issue, however, the Panther members disagreed and
wanted the issue decided at this particular time.
Commission members then stated that they were not
prepared to discuss the matters in full detail and
continued the matter to the meeting of February 2,
1977.

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "Mr. President, members of the Com-
mission, two reports, one on the status of the Fed-
eral Court Case and the other an explanation of the
distinction between the Citizens Safety Project and
the Crime Resistance Program. I would like to have
Officer DeFilippo give a status report to the Com-
mission on the status of the Federal Court Case in
regard to appointments."

Officer DeFilippo stated that the current list for

47 -

Sergeants and Assistant Inspectors were now' under
appeal by the S.F.P.O.A., because of the quota;-,
imposed by the court in the temporary hiring of
Sergeants. He stated that the Police Commission,
the Chief of Police, and the Civil Service Com-
mission is now a party defendant in a cross action.
He stated that the basis of their complaint is that
the Department aided and assisted in giving an in-
valid examination and the relief that tney are re-
questing is that the entire examination process for
the rank of Sergeant and Assistant Inspector be va-
cated and the process begin over. Commissioner
Gallegos raised the question of whether it was pos-
sible to hire out of rank through exempt waivers from
the current Q2 list persons having bi-lingual skills.
Officer DeFilippo stated that Civil service now ad-
vises and the City Attorney concurs with it that be-
cause the original announcement for the entry level
for the police department did not have that provis-
ion in it advising the candidates that they could
be sub-servient to someone lower on the list if they
had that special skill can not now be done.

The Chief then called upon Lieutenant Prank Jordan
to speak to the distinction between the Citizens
Safety Project and the Crime Resistance Program.
Lieutenant Jordan said as you know we did have a
presentation here approximately two weeks ago re-
garding our Crime Resistance Program. He then
explained the differences in the programs, the var-
ious phases of the Crime Resistance Program and FBI's
participation. He then stated that the Citizens
Safety Project would be undertaken on a total sat-
uration basis neighborhood by neighborhood. He sta-
ted that here they are going to institute a system
called Home Alert, a neighborhood block club on
every single block in San Francisco. This would be
their ultimate goal. He said they would have neighbor-
hood organizers, civilians who are paid and there will
be one in each of the nine district stations as a full
time neighborhood coordinator. There will also be an-
other one paid as an assistant coordinator and their
whole program is to get that community organized and
then let the police come in, if needed, to help with
the Home Alert Program and Inform them how they can
help us, the police. So it is zeroed in on a total
saturation basis of what the individual home by home
can do to help. He then stated that operation ident-
ification on this phase of It deals with let's do it
in every home. The individual marks his own property
for identification and that is where it liffers from
the Crime Resistance Program where it's not the in-
dividual who does it but private enterprise does it.
He stated that if we miss it at the home level we
then pick it up through private business or new pro-
perty and repaired property.

The Lieutenant then stated that there would be a
press conference on this matter tomorrow morning in
Room 228, City Hall.

Commissioner Siggins.then stated, "May L say a1
this time that there has been an awful 1 )t of rumor.,
around the Hall of Justice regarding possible changes
in the Department and I will say this that our Coin-
mission appointed Charles Gain as Chief of Police

- ii8

January, 19 76 and we have
him in any way. We have
that involved legal matte
come under the subject of
not once have we discusse
the Chief. We have worke
the past year and one mon
to working with him much
dent of the Police Commis
satisfied with the choice
We welcome the fact that
Francisco who recommended
interviews and considerat
good choice."

no plans
had Execut
rs and mat

Executive
d the repl
d closely
th and we
longer. I
sion, am c

of Chief
it was the

h Lm 'to us
ions, I th

of replacing
ive Meetings
ters that di
matters and
acement of
with him in
look forward
, as presi-
ompletely
Charles Cain.
Mayor of San
and after our
ink we made a

Chief Gain: "I would like to thank you, Mr. Presi-
dent, and the Commissions for your expression of
support and confidence. I appreciate it very much.
I have said elsewhere that I plan to be around
seven years so if every thing works out that I think
would be fine. What really concerns me about the
continued rumors of course is the unrest it causes
within the Police Department and I know you are too.
So making an affirmative statement I think is very
good for the San Francisco Police Department and I
thank you . "

ANNUAL REPORT TO THE POLICE COMMISSION ON SECONDARY
EMPLOYMENT .

Chief Gain: "Mr. President
sion, we sent this report t
report I find that it is no
situation we are dealing wi
son gets a secondary work p
stands forever. We have in
report as engaging in certa
is not the case. So I dire
of Personnel and Training B
vey as to each individual w
the employment reflected in
due time, hopefully within
you and give you an accural

, members of the Commis-
o you and in reviewing the
t up to date. I think the
th is this that when a per-
ermit authorization then it

dividuals reflected in that
in types of employment which
cted the Captain in charge
ureau today to make a sur-
hether they are engaged in

the report and we will, in
two weeks, report back to
e report . "

OPERATING BUDGET OF THE SAN FRANCISCO POLICE DEPARTMENT
FOR THE FISCAL YEAR 1977/78

Chief Gain stated that at the Budget
day, the Commission asked for four s
The amount of funds the Department o
intends to request and we reflected
mary of non-budget funds expended in
grams Police Community gelation expe
there was a discussion in regards to
personnel the actual assignments as
budgeted assignments that we re flee
stated that it was a severa I page re
it is requested that he do so, he wo
the whole report.

meeting on Mon-
pecific things,
f Public Works
that, the sum-
department pro-
nditures and then
the number of
opposed to the
1 id before. He
port and utiles..'
uld ih it rev i

In regard to the regular budget, .Lieutenant Lennon
stated that the total amount to be submitted and
discussed by the Commission the other day was changed
in two instances. He stated that there was a cleri-
cal error in the number of marked vehicles and the
other item of concern was which of the two Internal
Affairs Units would be put in?

Commissioner Ciani: "If it is timely now I would
like to make a suggestion. I would like to put on
the table an alternative proposal with respect to
the Office of Citizens Complaints that would be to
Include a pilot program in this budget. I think
we can use the personnel who are presently in In-
ternal Affairs elsewhere in the Department. Thus,
I recommend that we request an additional alloca-'
tion to hire some civilian personnel. This would
not wipe out the cost savings of the OCC but apply '
the money saved to increase the manpower available
for other functions where we really need it. I
would propose we include funds for the hiring of
eight civilian investigators, each at an annual
salary of $22,5^9.00. Second, I would like to in-
clude a line item in the amount of $50,000 for the
payment of hearing officers and, third, I would
like to include such funds, if any, that may be
needed in order to establish and staff one or more
off-site premises for the filing of Citizens Com-
plaints with civilian clerks. Perhaps you can do
that by finding space available in public buildings
that wouldn't cost anything and by allocating ex-
isting clerical or civilian personnel. If so, it
may be that we don't need to request any additional
funds, so I will leave this question open for the
moment .

I would like to make a statement in
support of my request that we approve this recommenda-
tion tonight and submit it as a part of the budget.
I know that there is a lot of concern among members
of the Commission that we haven't had sufficient in-
put from the officers themselves, so I propose we
issue an invitiation to tho P.O. A., and to any of the
other organizations that may wish to speak on this,
to meet with us prior to the deadline for amending
the budget we send in. Thus, we can submit it with
these items added and put the onus on those who may
wish to persuade us not to proceed with this program,
to meet with us and to persuade us that there is
valid reason not to proceed. We have lacked profess-
ional input from the department and that is one of the
main reasons that I suggest we go ahead with a pilot
program. It will also set up a Civil Service mechan-
ism that would permit us to go ahead with the full
program if we decide the results are successful. I
think that not all of us are convinced that civilian
investigators of appropriate quality can be recruited
and that they can do the job. So I think the only
responsible way to proceed is to start with a group
that could be integrated into the present IAB and
observed a year before they will have to be given
Civil Service tenure. We have made several attempts
to get some input from Police Officers and the P.O. A.,
and I am very very disappointed in the response of
the P.O. A., leadership. First, they have refused
to meet us in the Hall of Justice on the basis that
it is an intimidating structure and have refused to

50 -

comment on the OCC proposal until it is in final
form. This is not very helpful to us in trying
to evaluate the proposal. Second, then we tried
to go directly to the Officers there was, I think
a concerted attempt by the P.O. A., leadership to
keep those meetings from occuring or from being
productive. That, I think, is also a shame. I
might say that the president of the P.O. A., ad-
mitted at the time that the P.O. A., had not done
a good job of informing its membership about this
proposal. I think there is still a great mis-
understanding among the officers as to what this
proposal actually involves; that again is why I
am suggesting that we make additional efforts to
meet with the P.O. A., and to get the kind of in-
formation that only they can give us about how
this would really impact upon the department at
the officers' level."

Commissioner Gallegos : "Do you have a ballpark
figure on this?"

Commissioner Ciani : "Well, I don't have a ballpark
figure on item #3 because I don't know whether we
can handle those needs with existing personnel. I
have not specified the type of Hearing Officer
arrangement that we might use but I think the funds
should be available to use outside hearing officers
on an hourly or per diem basis."

Chief Gain: "So we are talking about $50,000 for
a Hearing Officer Function. May I ask this, eight
investigators do you want to designate one sup-
ervisorial person and seven investigators?"

Commissioner Ciani: "I am not sure. Could that
be integrated into the existing IAB?"

Chief Gain: "Yes, it depends on what concept the
Commission wants to follow. If you want the non-police
investigators to be in a separate facility it would
appear to me it would have to be one person super-
vising those investigators, which could be police
or non-police that is why I want to raise the issue."

Commissioner Ciani: "Well, I think first of all
we want to test the ability of the civilians to do
investigations and we want to test it fairly. Now,
if putting them under the existing hierarchy is not
going to create a fair test of whether or not they
can do the same quality of investigation that police
officers can do, then I think we ought to have a
civilian at the supervisory level. That is not so much a
budgetary consideration as it is a practical one on
which I have to defer to you. Do you think it could
be a fair test without a civilian supervisor?"

- M

Commissioner Siggins : "Well, I think you better
put it in at least for the budget figure."

Chief Gain-: "I would recommend one non-police
supervisor, yes."

Commissioner Ciani : "Well, I didn't want to go so
far as to put in a civilian director for the whole
IAB."

Chief Gain; "I am not suggesting it by title,
Director, that is why I am using supervisor. It is
just a supervisory person that would be in charge
of eight. It would not be at the level of director."

Commissioner Ciani: "What would be the comparable rank
in the department?"

Chief Gain: "Lieutenant. Then you could leave it
to our judgment to determine the number of cleri-
cal persons that we have to have and put that in
the budget?"

Commissioner Gallegos : "Based on whether it can
be absorbed from existing funds or whether we have
to provide extra for it . "

Chief Gain: "We will figure that out and put in
whatever is appropriate on that."

Commissioner Hall: "What are we recommending, a
modified version of the O.C.C?"

Commissioner Gallegos: "Instead of the 35 we pro-
pose the eight investigators."

Commissioner Hall: "Is that to replace the present
IAB?"

Commissioner Gallegos: "They would probably be re-
duced by that many personnel."

Commissioner Ciani: "They would be put to other
police business."

Commissioner Hall: "What you are asking is that we
approve the modified version tonight."

Commissioner Siggins: "This is what you would call
Commissioner Ciani 's pilot program."

Commissioner Hall" "To run how lone?"

Commissioner Ciani : "Well, for a. year, becau's
that's the usual probationary period for Civi]
Service. Would you correct me if I am wrong
that there is a year period "

Chief Gain: "Six months."

Commissioner Gallegos : "Is that a fair test of
competence? "

Chief Gain: "Not really, it isn't adequate however,
I would suggest that we don't rely solely on a pro- "
bationary period, I think we rely upon that too much,
even if it were past the six months If in fact they
were not competent and that were documented then under
Civil Service Rules "we would have no problem in' sep-
arating them. The Lieutenant suggests that we could
hire them as temporary."

Lieutenant Lennon : "We could hire them as temporary
then their six month probation is out."

Commissioner Gallegos: "Do they get any credit for
it?"

Mr. Jom Brosnahan, Bar Association: "Since this is
our proposal, might I ask a couple of questions about
the amendment that has just been put forward, we've
not seen It before nor have we eveer seen it before
or know the effect It has on the budget. I don't
want to interrupt the discussion but at some point
I would like to ask some questions about it."

Commissioner Siggins : "It seems like the proper
time now Mr. Brosnahan."

Mr. Brosnahan: "I listened carefully to the discus-
sions, do I understand that there will be a civilian
supervisor for the eight Investigators?"

Commissioner Ciani: "Yes, that is right

MR. Broshnahan: "Do I understand that they will be
hired for six months only and get no credit for any
overall program is that right?"

Commissioner Ciani: "In recommending the salary
levels that I included in my recommendation, 1 used
annual salaries and I had in mind a 1 year test.
I was not aware that six months is the Civil Service
deadline for probation. I think that it should be a
year. If we can work it out with temporary hiring,
then that would be a way to proceed."

Mr. Brosnahan: "The reason I asked "that is because
If the test is to be whether the program works, you
would want to hold out a position that would attract
the kind of person that can fill that spot and 1 year
is much more attractive than 6 months. The second
thing I am wondering about if this goes forward is,
do I understand that it will be fostered in a way as
an addition to the overall budget because up until
Monday night the figure had shown that the full pro-
gram would save $240,000 and I am just wondering if
this proposal will be structured in a way that it will
appear, maybe it won't I don't know, as though it is
an additional expense so if ttie Supervisors were to
vote against it they would be voting against an extra

expense

Commissioner Ciani" "Well, that is a dilemma because
if we didn't make it additional and they struck it
out then we would also be striking out the people
that we already have, so I think, tactically we have
to add it and ^argue that the cost savings is in re-
leasing that number of sworn personnel In the depart-
ment, adding, as an addition to our sworn forces,
those people that would be released."

Mr. Brosnahan: "Well, could I ask, through the Com-
mission to ask the Chief whether or not the 'eight
that will be released could be used to some additional
position so that the savings will be clear to everybody
It is very difficult when you sponsor a program that
will save the city $250,000 it would be less than the

positions it appears as though we are asking for

some additional funds which we are not."

Commissioner Siggins : "I think we would have to look
through, including me Mr. Brosnahan, of the time that
we are cut off from amending the budget we can put that
in there in a way that if we are going to go forward
with it and try to use our resources to sell that to
the Board of Supervisors .... your point is well taken
and we have to show that it doesn't enter into the
budget or in a way that it does reflect some savings
or at least is equal to the budget."

Mr. Brosnahan: "Thank you that answers my question."

Chief Gain: "May I comment Mr . President ? I would
suggest, 1.- that they be Civil Service positions,
I think it is a good point that if persons are asked
to take a temporary job for one year there is no job
security. It would really adversely effect, I think,
their attitudes. I don't think we are going to lose
because 6 months probation if they don't work out in
that time fine, but even after that whether it is two
years, three years or even one year, they can still
be separated. I just don't think that going with temp-
orary positions is going to be the appropriate thing."

Commissioner Ciani: ."Well how can they be separated
after two years?"

Chief Gain: "It is simply a matter of < xplicit
performance standards, in writing and whi i ier
they meet those performance .standards throu
evaluation and report;- and I think we have been
remiss generally in government, here at least, in
not holding people to account, I mean ' a very-
fair way . "

Commissioner Hall: "But that is argumentative so
that we can have a ca;;e when you put such a stand-
ard and they can certainly argue with whether the
standard is justifiable or whether they feel it
isn't ."

Chief Gain: "Well, you would have to iave an ex-
plicitly written standard that you use to evaluate -
their actions and output against that standard.
But that is only a suggestion. Another thing that
I might comment upon as regards to this being an
addition to our budget, I would say this, that his-
torically here, as common in government, we have
never ; filled all of our police vacancies, our sworn
vacancies. I don't know what the continual vacancy
is but it is high. I would only comment on that to
the Commission so that during the next fiscal year
I would say that we would be running continuously
vacant positions at some rank so that we would have
sufficient money. I want to submit that to you now.
So we will put it in as extra positions in our budget
and therefore an additional amount, but I think that
it could be put in so that we in recognition that we
don't fill our vacancies then we determine what num-
ber of police positions that would equate with and
then reduce positions by that number. Not now but
at the appropriate time."

Commissioner Ciani : "But those funds can't be
used to hire civilian personnel."

Chief Gain: "What we would do would be to create
positions, non-police positions, and then we would
reduce sworn positions by some appropriate method.
The only thing I am saying is, if we chose here to
decrease the sworn members by EX number in order
to acquire the funds to fund these positions in our
budget and not ask for additional funding then that
position would be sound. It would not in fact, take
any policemen off the street constantly. We just
never fill all of our positions."

Commissioner Ciani: "I think it is important too,
if we don't withdraw this as a result of meetings
with the Police Officers, that we immediately start
the Civil Service process and that is the important
factor for putting it in timely with the budget.."

Chief Gain: "May I suggest that an announcement
or an invitation be extended at the point of you"
remarks to officers in the department to meet wi1
you, say, two weeks hence, would that be your desire

55 -

Commissioner Ciani: "I think that we stopped that
series of meetings at the stations on the basis > P
an erroneous reading of the Charter and I am, still
convinced of that. So we could, if we thought that
certain insidious forces would permit those meetings
to be productive, go forward with those meeting.;.
Otherwise, we would limit it to meet and confer ses-
sions. I do still think it would be helpful for' us
to meet with the officers at the stations but not
under the circumstances that applied to our last
attempt . "

Commissioner Siggins : "Well, lets see if we can't
get that moving again."

Chief Gain: "It is at your pleasure. We'll get
a schedule and get it going again."

Commissioner Siggins: "Commissioner Ciani is a
vote counter and she recognizes that the work that
the Bar Association has put into the program, the
splendid way that it has been presented to us. The
fact is that this is not what they wanted. They
will find fault with this and I am sure they haven't
had an opportunity to study it or analyze it. It
Is in effect compromising their program. It would
take in some of the things that they have suggested,
the high points of having in some instances civilians
investigate certain claims and allegations. It is the
only way we are going to get started and especially
from a pilot test program. I can't see anything
wrong with it. We can stop it before it gets too far
but we are putting it into the budget to at least get
something moving."

Commissioner Hall: "Are we ready to vote on that?"

Commissioner Ciani: "We should vote on the amend-
ment and then I suggest we should formally vote
on the whole budget . "

Commissioner Siggins: "What is the amount that we
are talking about?"

Chief Gain: $291,550 dollars, not counting space
We will have to figure that out."

Commissioner Siggins: "That was listed at about
$10,000 dollars wasn't it in Captain Conroy ' s re-
port?"

Commissioner Ciani: "That was space. I am not sure
I made myself clear on this. I did not include sepa-
rate office space for the civilian investigators,
was not including an outside office at this stage.

- 56 -

But I was suggesting that we should have places
other than the police stations and the Hall of
Justice where civilians can make their complaint:
file them and talk to somebody."

Chief Gain: "You are suggesting free space in
other governmental buildings is that right?"

Commissioner Ciani: "Yes, that's right. So it
does not relate to the estimates for moving
expenses and space previously presented to us."

Chief Gain: "We can cost out whether it would
be a rental of the facility or I don't know if we
can count at all on getting free space anyway,
in some of those governmental buildings that is.
If that is the desire of the Commission to have
a separate facility you better budget for it. I
would suggest it."

Commissioner Ciani: "Well, I would suggest that
you include space and personnel for two. I know
that we owe> the public some clear idea of what we
are including in this so whether we have . a figure
or not I think we should direct the department to
cost it out on a particular basis, one, two, three
four offices, whatever. Would you, Mr. Brosnahan,
have any suggestions?"

Mr. Brosnahan: "I would be delighted to review the
figures of the Department and see if we can save a
penny here and there or any way that we can help
the police we will."

Commissioner Ciani: "Well, what do you think about
having one or more offices for the taking of com-
plaints? Is that an essential part of "

Mr. Brosnahan: "That is a very desirable compon-
ent of it particularly when you are trying to deter-
mine whether it works or not. If it became impos-
sible, then it would be impossible but certainly
a desirable aspect of It."

Commissioner Siggins : "Well, that could be worked
out even under the present program as I see it."

Commissioner Ciani: "Well, not if we don't have
sufficient personnel. The Chief says we don't
have enough clerical personnel to move to outside
locations. We don't have any budget for rent
telephone, or whatever other costs there are

3

tl

Cheif Gain: "May I suggest for the purpose of your
discussion; if it is one facility with the number of

7 -

non-police investigators , three clerical positions
$12,000 each as clerical staff. If you want to

entertain this total cost thing then you can direct
us to put it in the budget . "

Commissioner Ciani : "Then I would add that to my
proposal. I am wondering whether there are civilian
personnel elsewhere doing that function. There is
no saving in moving personnel?"

Mr. Brosnahan: "Can I make one inquiry, has any
study been done by the department to determine
what savings will develop by reason of this parti-
cular program? So far it seems that figures are
being added and I am not sure that any savings are
being computed in the figures."

Commissioner Hall: "We are just hearing it tonight
for the first time, at least I am."

Mr. Brosnahan: "Me too."

Chief Gain: "Everyone is. We are just looking it
over for clerical people; let's assume that we can,
as we have already asked in our regular budget for
the clerical people that were dropped out for the
current physical year. If we get those back we
should have adequate clerical staff then to assign
to that function. So we wouldn't include clerical,
just civilian investigators. Maybe on the number
of spaces and rentals that should go in a supple-
mental budget . I think that is what you decided to
do."

Commissioner Ciani: "Call the question

Commissioner Siggins : "The question is a motion by
Commissioner Ciani to amend this budget which has
been presented to us to include as I understand it,
provisions for eight civilian investigators and one
supervisor, provisions for $50,000 dollars for hir-
ing of hearing officers and also an amount for civ-
ilian clerks to work in an office outside of the per-
imeter of police facilities to accept citizens com-
laints. Is; there a second to that motion?"

Commissioner Gallegos : "I second it."

Commissioner Siggins: "All in favor?"

AYES: Commissioners Ciani, Gallegos
NAYS: Commissioners Hall, Siggins
NOT VOTING: Commissioner Murphy

- 58

Sergeant Frazier: "The motion fall:?."

Mr. Brosnahan: "Will there ever be a vote and
if so, when? It doesn't have to be 'tonight but
at some point will there be a vote on that pro-
posal? "

Commissioner SLggins : "Yes there will be."

Commissioner Ciani: "I know Commissioner Murphy
has some feelings about this; I frankly don't know
how she would vote on this as she is still recover-
ing from surgery, but I also know that the Doctor
suggested that it might be possible to have a meet-
ing at the hospital and perhaps we could call a
special meeting at the hospital and take this mat-
ter up again. That is what I would like to do if
it can be worked out in the near future. Perhaps
even before this budget is submitted."

Commissioner Gallegos : "What is the deadline for
submitting it?"

Chief Gain: "The 31st, if the Commission desires,
we can ask for special consideration and submit
our budget one (1) week late for something of that
nature. We can inquire tomorrow.

ti

Commissioner Siggins : "Well, we can go ahead and
submit this as it is . "

Commissioner Ciani: "I would be opposed to sub-
mitting it. I would like to request an extension
and get a vote of the full Commission. I feel
strongly enough about this that I think we ought
to make a statement when we submit the budget the
first time, rather than amend it in. That is why
I suggested that we put it in and amend it out if
there be cause to amend it out later. And I think
that lias a psychological effect . There is a great
difference between the two. I feel very strongly
about it . "

Commissioner Gallegos: "I think the real issue too
is whether we really believe in it as a vehicle
which has merit or not and if it doesn't then we
ought to vote as such."

Commissioner Hall: "What we have voted on tonight
is not the O.C.C., as presented, we voted tonight
on a modification to be put into the budget."

Commissioner Gallegos: "I will make a motion for
the acceptance of the whole O.C.C., proposal if
you want . "

Commissioner Hall: "Well I would still vote no."

Commissioner Ciani : "Well we did have overwhelm-
ing testimony from the public and we hold ourselves
out to be a different Commission, a Commission that
is going to act on things. Yet we have had this
proposal before us for nearly a year and I think we
owe the public some action whether it be positive
or negative . "

Commissioner Hall: "I think we are giving it. We
are giving it now. We voted, at least I did. I
just voted . "

Commissioner Ciani: "I know, but I don't think
that's determinative. I don't know what our rules
provide when we have a deadlock except to find a
way to break that by having another meeting "

Commissioner Hall: "What you are saying is that you
will not accept no."

Commissioner Ciani: "It wasn't no, it isn't no."

Commissioner Hall: "You won't accept my no, you
accept your yes, but you won't accept my no."

Commissioner Ciani: "You won't accept our two yes
votes any more than I will accept your two no votes."

Commissioner Hall: "I am satisfied with the way it
is going. I am satisfied with my voting and I am
not trying to change yours . "

Commissioner Siggins : "Well, we still have the bud-
get to consider as presented to us and within the
time limit for amending it we can get the vote of
Commissioner Murphy and secondly, if we move as you
suggested or make a recommendation suggesting when
we move the budget along, that we do have this pend-
ing . "

Commissioner Ciani: "I would be opposed to that.
I would suggest instead that we seek a one (1) week
extension and try to get a full vote."

Commissioner Hall: "I will not be here. Make it
two (2) weeks and I will be here."

Commissioner Siggins: "The motion now is to continue
the matter for two (2) weeks and request an extension
and if that passes, I will discuss it with the Mayor';
office."

bO

Commissioner Hall: "Just one question before we
vote. Are you sure you can get an extension on that?"

Chief Gain: "I don't think we will have any pro-
blem on that Mr. Commissioner, we could do it to-
morrow . "

Commissioner Hall: "I just want to be around when
it comes up again."

Lieutenant Lennon : "The budget stays in the Mayor's
Office approximately ten (10) days, at which time
he has his public hearings and then he sends it to
the Board of Supervisors."

Commissioner Siggins : "And an informational type
budget would give him a start on other programs you
see. They can understand that we are wrestling with
the one aspect of it."

Commissioner Ciani : "Are you proposing to submit
the budget without my amendment as an informational
budget? Is there any possibility that that might
appear to have been approved?"

Commissioner Siggins: "No, before I submit it, I
would ask that you check the wording of your amend-
ment . "

Commisisoner Ciani: "Okay, I will write it up."

Commissioner Siggins: "Then we have the motion that
this matter be carried over to February 9, 1977."

Mr. Brosnahan: "I appreciate the Commission wrest-
ling with the procedural aspects of the problem but
I find myself with the White Panther Party and I will
be very brief. We have been here for eight months.
You have had a lot of people come here and say a lot
of things to you. You have just had two no votes and
as of this moment there hasn't been one word ever ex-
pressed in public as to what those votes are based on
The reasons for them, how you arrived at them and how
you got there. I think that whether it is tonight or
anytime that you chose, you may vote any way that you
chose, I 'understand that. You must do what you must
do and we must do what we must do. But at some point
if 600 people are told no it must be articulated in
a way that they can at least begin to understand be-
cause without it, frankly, it is very hard to under-
stand the proceeding such as the one that I have been
to, and I hope that at some point there will become
an articulated basis for the two no votes that have
been rendered."

Commissioner Siggin;
you . "

"Your point's well taken. V

- 6.1 -

Commissioner Ciani: "I don't want to carry it
forward to a definite date because if the travel
plans of Commissioner Hall or Commissioner Murphy'.
health are such that we could schedule a Special
meeting before that time I think we ought to leave
that option open. So on or before a date two (2)

weeks from now we will take the matter up.

ri

Commissioner Siggins : "And I will cooperate and
call a meeting if Commissioner Murphy feels up to
it at the hospital."

Commissioner Hall: "On or before the ninth you
have two hearings, as far as I am concerned you
have. It would probably be on Saturday."

Commissioner Siggins: "You are not coming back
until the 9th?"

Commissioner Hall: "I am coming back the 5th of
February, I am leaving on the 31st."

Commissioner Siggins: "Yes, well we could have
it on either the 7th, 8th, or 9th. Okay, do' you
want to put that in the form of a motion?"

Commissioner Gallegos : "I will second it."

Commissioner Ciani: "I don't know if it is nec-
essary . "

Commissioner Siggins: "Okay, all in favor?"

AYES: Commissioners Ciani, Gallegos, Hall
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 24-77

HEARING ON REQUEST FOR EXTENSION OF TIME TO ACTIVATE
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (JIT-
NEY BUS PERMIT) - APPROVED

WHEREAS, the hearing on the request for
an extension of time to activate the jitney bus
permit of Mr. Jorge Arrospide was called, it hav-
ing been set for this date; and

WHEREAS, Mr. Arrospide appeared in per-
son and stated that because of personal financial

62 -

difficulties, he needed an extension of three (3)
months to activate his jitney bus permit, be, and
the same is hereby approved.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 25-77

POLICE OFFICER DONALD W. BREWER, TARAVAL POLICE
STATION.

WHEREAS, charges of violating the Rules
and Procedures of the San Francisco Police Depart-
ment were filed against Police Officer Donald W.
Brewer, as follows:

SPECIFICATION NO

Failure to enforce the Rules and
Procedures of the San Francisco
Police Department. (Violation
of Section 8.145 of the Rules and
Procedures of the San Francisco
Police Department.)

by Cornelius P. Murphy, Captain of Police, Commanding
Officer of the Taraval Police Station; therefore be
It

RESOLVED, that the hearing before the Police
Commission on charges filed against Police Officer
Donald W. Brewer, Taraval Police Station, be, and the
same is hereby set for Wednesday, February 16, 1977
at 5:30 p.m., in Room 551, Hall of Justice.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 26-77

SENIOR CLERK-TYPIST ELIZABETH HALBERG , BUREAU OF
SUPPORT SERVICES. .

WHERE/ S, charges of violating the Ruler, and
Procedures of the San Francisco Police Department were
filed against Senior Clerk-Typist Elizabeth Halberg,
as follows :

SPECIFICATION NO. 1

Neglect of Duty. (Violation of
Section 2.13 of the Rules and Pro-
cedures of the San Francisco Police
Department . )

SPECIFICATION NO. 2

Conduct prejudicial to the efficiency
and discipline of the department, (vio-
lation of Section 2.] 3 of the Rules and
Procedures of the San Francisco Police
Department . )

by Charles R. Gain, Chief of Police, therefore be it

RESOLVED, that the hearing before the Police
Commission on charges filed against Senior Clerk-Typist
Elizabeth Halberg, be, and the same is hereby set for
Wednesday, February 23, 1977 at 5:30 p.m., in Room
551, Hall of Justice.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

•77

DATE TO BE SET FOR THE HEARING OF POLICE OFFICER
DONALD FORTE, TARAVAL POLICE STATION

WHEREAS, the date to be set for the dis-
ciplinary hearing of Police Officer Donald Forte,
Taraval Police Station, was called; and

WHEREAS, Sergeant David P. Roche, Legal
Officer, stated that since Police Officer Donald
W. Brewer has returned to duty having been on dis-
ability and involved in the same Incident, that a
date should be set for the hearing; therefore be
it

RESOLVED, that the hearing before the
Police Commission on charges filed against Police
Officer Donald Forte, Taraval Police Station, be,
and the same is hereby set for Wednesday, February

- 61

16, 1977 at 5:30 p.m., in Room 551, Hall of
Justice .

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 29-77

DATE TO BE SET FOR THE HEARING OF POLICE OFFICER
VLADIMIR SHEGOLEFF, TARAVAL POLICE STATION

WHEREAS, the date to be set for the dis-
ciplinary hearing of Police Officer Vladimir Shegoleff .
Taraval Police Station, was called; and

WHEREAS, Sergeant David P. Roche, Legal
Officer, stated that since Police Officer Donald
W. Brewer has returned to duty having been on dis-
ability leave and involved in the same incident,
that a date should be set for the hearing; there-
fore be it

RESOLVED, that the hearing before the
Police Commission on charges filed against Police
Officer Vladimir Shegoleff, Taraval Police Station,
be, and the same is hereby set for Wednesday, Feb-
ruary 16, 1977 at 5:30 p.m., In Room 551, Hall of
Justice .

AYES: Commissioners Ciani, Gallegos, Hall
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 30-77

HEARING OF INSPECTOR RONALD LIMNEOS, JUVENILE
BUREAU . ,

WHEREAS, the hearing of Inspector Ronald
Limneos, Juvenile Bureau, was called, it having been
set for this date; and

WHEREAS, Mr. 'George Walker, Attorney at
Law, who is representing Inspector Ronald Limneos,
has requested that a date for the hearing be set
after the criminal proceedings have been disposed

- 65-

of in this matter; therefore be it

RESOLVED, that the date for the hearing of
the disciplinary charges filed against Inspector
Ronald Limneos is set for Wednesday, March 2, 1977
at 5:30 p.m., in Room 551, Hall of Justice.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 31-77

HEARING OP POLICE OFFICER MICHAEL H. GALLAGHER, PARK
POLICE STATION.

WHEREAS, the hearing of Police Officer
Michael H. Gallagher, Park Police Station, was
called, it having been set for this date; and

WHEREAS, Mr. Stephen Bruce Bley, Attorney
for Police Officer Michael H.Gallagher, has requested
a continuance in this matter because of Officer Galla-
gher's continued incapacitation due to earlier in-
juries sustained; therefore be it

RESOLVED, that the date for the hearing of
the disciplinary charges filed against Police Officer
Michael H. Gallagher, is set for Wednesday, February
23, 1977, at 5:30 p.m., in Room 551, Hall of Justice.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 33-77

HEARING OF POLICE OFFICER GEORGE MOISSANT, TARAVAL
POLICE STATION.

WHEREAS, the hearing of Police Officer
George Moissant, Taraval Police Station, was called,
it having been set for this date; and

WHEREAS, Mr. George Engler, Attorney for
Police Officer George Moissant, has requested a con-
tinuance in this matter as Officer Moissant is stil]

- 66 -

undergoing medical treatment for his condition,
and a hearing at this time would be detrimental
to his health; therefore be it

RESOLVED, that the date for the hearing
of the disciplinary charges filed against Police
Officer George Moissant is set for Wednesday, Feb-
ruary 23, 1977 at 5:30 p.m., in Room 551, Hall of
Justice .

AYES: Commissioners Ciani , Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendations of the

Traffic Bureau on the installation of zoning for the

regulation of traffic on the public streets., be, and
the same are hereby approved:

499 JACKSON STREET - PLAYBOY CLUBS INTERNATIONAL

a) At 499 Jackson Street, revoke 22' white
zone and 40' yellow zone.

798 MONTGOMERY STREET - PLAYBOY CLUBS INTERNATIONAL

a) At 798 Montgomery Street, revoke 40'
white zone.

50 ESSEX STREET - (METROPOLITAN PARKING LOT)

a) At 50 Essex Street, revoke existing
25' yellow zone.

1000 - 15th STREET - SIDNEY DAVIS FABRICS, INC

a) At 1000 - 15th Street, install a 44'
yellow zone, to extend west of east
oroperty line - (from 40' - 84' west
of east property line.)

555 GOLDEN GATE AVENUE - ROCCA'S RESTAURANT

a) At 555 Golden Gate Avenue, revoke

:.;

- 67 -

revoke existing 51' yellow zone.
211 MAIN STREET - VETERANS ADMINISTRATION

a) At 211 Main Street, revoke existing 44'

white zone, and install a 44' blue zone,
to extend from 76' - 120' south of Howard

524-526 WASHINGTON STREET - WALDECK'S

At 524-526 Washington Street, install a
40' yellow zone, to extend from 18'-
58' west of east property line.

590 BAY STREET - RAMADA INN

a) At 590 Bay Street, install a 38' white

zone, to extend east of west property line

198 BROAD STREET - FAMILY MARKET

a) At 198 Broad Street, install a 22'
green zone, to extend from 16' -
38' east of west property line -
(by entrance . )

50 DARIEN WAY - COMMODORE SLOAT SCHOOL

a) AT 50 Darien Way, install a 176' white

zone, to extend from 44' east of, to 132'
west of San Rafael Way - (also revoke 130'
white zone on Junipero Serra Service Road.)

200 CLAREMONT BLVD. - WEST PORTAL SCHOOL

a) At 200 Claremont Blvd., install a 210' white
zone, to extend north of south property line ■
(also revoke 235' white zones at #2 Claremont
Blvd. )

#30 TENTH STREET - BANK OF AMERICA

a) At #30 Tenth Street, install a 44' yellow
zone, to extend from 122' - 166' north of
Jessie .

1390 LOMBARD STREET' - KPIX ANNEX

a) At 1390 Lombard Street, install an 8'
yellow zone, to- extend from 24' - 32'

- 6

west of east property line -
(horizontal parking.)

1766 MISSION STREET - WOODWARD'S GARDENS VETERINARY

HOSPITAL

a) At 1766 Mission Street, install a 24*
green zone, to extend south of north
property line.

2199 GREENWICH STREET - GREENWICH GRILL

a) At 2199 Greenwich Street, install a 22"
white zone, to extend from 6' - 28'
east of west property line - also remove
parking meter GREENWICH-2145 .

55 FRANCISCO STREET - FIBERBOARD CORPORATION

a) At 55 Francisco Street, install a 68'
yellow zone, to extend from 131' - 199'
west of Montgomery Street.

2400 - 20th AVENUE - NURSERY SCHOOL - PARKSIDE

a) At 2400 - 20th Avenue, install a 22'
white zone, to extend north of south
property line - al30 remove parking
meter 20th AVE. 24l4.

489 CHURCH STREET - (BUSINESS CLOSED;

a) At 489 Church Street, revoke existing
30' yellow zone and 20' green zone.

3698 - 17th STREET - (BUSINESS CLOSED)

a) At 3698 - 17th Street, revoke existing
18' yellow zone.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

REVOKED

RESOLVED, that the recommendations of the
Traffic Bureau on the revocation of 685 feet of white,
yellow and green zones at various parts of the City

- 69.-

at the locations submitted be, and the same are
hereby approved.

AYES: Commissioner;'- Ciani, Gallegos, Hall,
Slggins

NOT VOTING: Commissioner Murphy

HEARING OP POLICE OFFICER JOHNNIE FLANNIGAN, MISSION
POLICE STATION

The hearing of Police Officer Johnnie Flanni-
gan, Mission Police Station, was called, it having .
been set for this date. Police Officer Johnnie Flan-
nigan was charged with violating the Rules and Proced-
ures of the San Francisco Police Department, as fol-
lows :

SPECIFICATION NO . 1

Improper use of authority vested
by nature of Office. (Violation of
Section 2.13 of the Rules and Pro-
cedures of the San Francisco Police
Department . )

SPECIFICATION NO . 2

Unlawful sexual intercourse with a
female. (Violation of Section 2.13
of the Rules and Procedures of the San
Francisco Police Department.)

SPECIFICATION NO

Unlawful taking of money, firearm
used. (Violation of Section 2.13 of
the Rules and Procedures of the San
Francisco Police Department.)

^SPECIFICATION NO. 4

Violation of Section 2.49 of the
Rules and Procedures of the San
Francisco Police Department.

*Filed with the Police Commission on January

12, 1977

Police Officer Johnnie Flannigan appeared in
person and was represented by Mr. Carlo? C. LaRoche,
Attorney at Law.

70 -

Sergeant David P. Roche, Legal Officer,
appeared as the Prosecutor for the Police Depart-
ment .

The reading of the Charges was waived,

Police Officer Johnnie Flannigan entered,
through his attorney, a verbal plea of "nolo con-
tendre" to all specifications.

A closing statement was then presented
by Sergeant David P. Roche, Legal Officer for
Prosecution .

A closing statement was also presented
by Mr. Carlos C. LaRoche, Defense Attorney.

The Commission took the matter under sub-
mission and then recessed from 2210 hours to 2225
hours, after which time the following resolution was
adopted :

RESOLUTION NO. 27-77

DECISION - HEARING OF POLICE OFFICER JOHNNIE FLANNIGAN,
MISSION POLICE STATION

WHEREAS, on Novmeber 11, 1976, Charles R.
Gain, Chief of Police of the San Francisco Police
Department, made and served charges against Police
Officer Johnnie Flannigan, as follows:

SPECIFICATION NO

a) That on or about October 21, 1976,
in the late evening hours, while
off duty, in civilian dress, and
operating his personal vehicle, the
accused did encounter a female pro-
stitute on the street in the Hayes
Valley area of San Francisco.

b) That after a solicitation for an
act of prostitution was made, the
accused did identify himself as a
San Francisco Police Officer by
displaying a star to said female
and informing her that she was under
arrest .

That the accused then transported said
female in her personal vehicle away
from the Hayes Valley District, in-
forming her that they would be met
by his partner. Accused stopped the
vehicle at approximately 13th and
Bryant Streets and informed said

- 71 -

female that he would not
arrest her if she would agree
to accompany him to a cocktail
lounge for a drink.

d) That because of the above-. stated
conduct, the accused did use his
official status of a San Francisco
Police Officer to coerce said fe-
male to submit to his demands which
conduct did reflect discredit on
the Department and did, therefore,
violate Section 2.13 of the Rules
and Procedures of the San Francisco
Police Department as quoted below:

"Any breach of the peace, neglect
of duty, misconduct or any conduct
on the part of any member either
within or without the state which
tends to subvert the good order,
efficiency or discipline of the
department or which reflects dis-
credit upon the department or any
member thereof or that is prejudi-
cial to the efficiency and discipline
of the department, though such of-
fenses are not specifically defined
or laid down in these Rules and Pro-
cedures shall be considered unofficer-
like conduct triable and punishable
by the Board. "

SPECIFICATION NO. 2

a) That each and every allegation of

paragraphs (a) through (c) of Speci-
fication No. 1 is incorporated herein
as if each were fully restated;

b) That during the late evening hours of
21 October, 1976, or early morning
hours of 22 October, 1976, the accused
did obtain lodging for said female and
himself at the Oasis Motel in San
Francisco. After entering the motel
room, the accused did pay said female
the sum of $100 for the purposes of
engaging in an unlawful act of sexual
intercourse and did so nnnediately
thereafter engage in an act of sexual
intercourse with said female.

c) That by reason of said conduct, ^ the
accused did engage in an act which
is proscribed by public policy and
laws and in so doing did engage in
conduct which reflects discredit
on the San Francisco Police Depart-
ment and which conduct did violate
Section 2.13 of the Rules and Pro-
cedures of the San Francisco Tolice
Department, hereinafter lunted:

-12-

"Any breach of the peace, neglect of
duty, misconduct or any conduct on
the part of any member either within
or without the state which tends to
subvert the good order, efficiency
or discipline of the department or
which reflects discredit upon the
department or any member thereof or
that is prejudicial to the efficiency
and discipline of the department,
though such offenses are not speci-
fically defined 'or laid down in these
Rules and Procedures shall be consid-
ered unofficerlike conduct triable
and punishable by the Board."

SPECIFICATION NO. 3

a) That each and every allegation of para-
graph (a) through (c) of Specification
No 1 and Paragraph (b) of Specification
No. 2, are incorporated herein as if
each were fully restated.

That by the nature of his office, the
accused is authorized to carry with
him, while off duty, a firearm as pre-
scribed by the Rules and Procedures
of the San Francisco Police Depart-
ment .

c) That while the accused and said female
were on the premises of the Oasis Motel,
the accused did, wihtout lawful cause
or excuse, display, point and threaten
with a firearm said female and did unlaw-
fully take from said female the sum of
$100.

d) That because of the above-stated conduct,
the accused did create a breach of peace
and reflect discredit on the San Francisco
Police Depai'tment . By reason of this
conduct, the accused did violate Rule 2.13
of the Rules and Procedures of the San
Francisco Police Department, hereinafter
quoted :

"Any breach of the peace, neglect of
duty, misconduct or any conduct on
the part of any member either within
or without the state which tends to
subvert the good order, efficiency or
discipline of the department or which
reflects discredit upon the department
or any member thereof or that is prejudi-
cial to the efficiency and discipline of
the department, though such offenses are
not specifically defined or laid down in
these Rules and Procedures shall be con-
sidered unofficerlike conduct triable

- 73 -

and punishable by the Board."

FIRST AMENDED COMPLAINT - SERVED JANUARY
12, 1977

a) That each and every allegation of
Specification 1, 2, and 3, are in-
corporated herein as though fully
set forth.

b) That on or about November 4, 1976,
at or about 1530 hours, members of
the San Francisco Police Department
especially assigned by lawful authority to

conduct an investigation involving police
matters interrogated the accused. The
accused was specifically asked as to his
whereabouts on Tuesday, October 21, 1976,
at or about 11:30 p.m.,

c) The accused responded at the above-
stated time and place he was at Clear
Lake Highlands.

d) This answer was untruthful.

e) That because of the above-stated con-
duct the accused did violate Rule 2.49
of the Rules and Procedures of the San
Francisco Police Department, which reads
as follows :

"Shall, when called upon by a superior
officer, or by one specially assigned
by lawful authority to conduct an in-
vestigation involving police matters
or any matter affecting the conduct of
a member or members, truthfully answer
all questions propounded. All reports,
statement and declarations made orally,
or in writing, in the foregoing matters
shall contain the truth without evasion

and

WHEREAS, a hearing on said charges was had
before the Police Commission pursuant to Section 8 ."3^3
of the Charter of the City and County of San Francisco
on Wednesday, January 26, 1977, and that on Wednesday,
January 26, 1977, the matter was submitted to the
Police Commission for decision; and

WHEREAS, at the hearing of Wednesday, Jan-
uary 26, 1977, the Police Commission recommended that
Specification No. 1, Specification No. 2, and Specifi-

- 74 -

cation No. 3, Section 2.13 of the Rules and Pro-
cedures of the San Francisco Police Department be
deleted: and

3

WHEREAS, the Police Commission finds that
said charges made and filed against Police Officer
Johnnie Flannigan, Mission Police Station, as con-
tained in Specification No. 1, are sustained, and
that Police Officer Johnnie Flannigan pleaded "nolo
contendre or no contest" to the violation of Section
2.49 of the Rules and Procedures of the San Francisco
Police Department; therefore be it

RESOLVED, that it is the order of the Police
Commission that Police Officer Johnnie Flannigan has
violated Specification No . 4 , Section 2.49 of the Rules
and Procedures of the San Francisco Police Department;
and be it further

RESOLVED, that it is the order of the Police
Commission that for said violation, Police Officer
Johnnie Flannigan be suspended for sixty-eight (68)
days without pay commencing at 1200 hours, Friday,
November 5, 1976, and terminating on Tuesday, January
11, 1977 at 2400 hours.

AYES: Commissioners Ciani, Gallegos, Hall
Siggins

NOT VOTING: Commissoner Murphy

(The entire proceedings were recorded
on cassette tape.)

RESOLUTION NO. 10-77

MARK KERBER

RESOLVED, that the :recommendat'idn of the

City Attorney for settlement of Small Claims Court Action
No. 327487 in the sum of $202.00 as: the result of a
collision with a police vehicle, be, and the same is
hereby approved.

Date of Accident: October 3, 1975

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

- 75 -

RESOLUTION NO. 11-77

JACK LIPPMAN & UNDERWRITERS ADJUSTING CO

RESOLVED, that the recommendation of the
City Attorney for settlement of unlltlgated claim
of Jack Lippman against the City and County of San
Francisco in the sum of $964.28 as the result of a
collision with a police vehicle, be, and the same
is hereby approved.

Date of Incident: August 23, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 12-77

LENORE HOCKING

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Lenore
Hocking atainst the City and County of San Francisco
in the sum of $58.50 as the- result of a faulty tow,
be, and the same is hereby approved.

Date of Incident: October 15, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 13-77

RUBY JACKSON

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Ruby
Jackson against the City and County of San Francisco
in the sum of $85-00 as the result of damages sus-
tained, be, and the same is hereby approved.

Date of Incident: May 17,1976

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

- 7b

RESOLUTION NO. 14-77
ANDREW S. JAMES

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Ar,drew
S. James against the City and County of San Fran-
cisco in the amount of $329.18 as the result of a
collision with a police vehicle, be, and the same .
is hereby approved.

Date of Accident: October 21, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 15-77
GLENN M. JUDD

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Glenn
M. Judd against the City and County of San Francisco
in the sum of $50.00 as the result of damages sus-
tained, be, and the same is hereby approved.

Date of Incident: October 19, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 16-77

HARRY L. LEE

RESOLVED, that the recommendaton of the
City Attorney for settlement of the claim of Harry
L. Lee against the City and County of San Francisco
in the sum of $440.73 as the result of a collision
with a police vehicle, be, and the same is hereby
approved .

Date of Accident: October 11, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

77 -

RESOLUTION NO. 17-77

STEVEN I. LESTER

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Steven
I. Lester against the City and County of San Francirco
in the sum of $30.00 as the result of a faulty tow,
be, and the same is hereby approved.

Date of Incident: August 9, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 18-77

JOSEPH GREEN AND ANN'... WYNNE AND THEIR
ATTORNEY WILLIAM L. OSTERHOUDT

RESOLVED, that the recommendation of the
City Attorney for settlement of litigation of Joseph
Green and Ann Wynne in the sum of $500.00 in United
States District Court No. C 76-376 SW entitled "Joseph
Green and Ann Wynne v. City and County of San Francisco
et al . " as the result of damages sustained, be, and
the same Is hereby approved.

Date of Incident: December 3, 1975

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RETIREMENTS

Communications were received from the
Retirement Board officially notifying the Police
Commission of the retirement of the following-named
members of the Police Department:

a) Inspector Frank McFarland, Bureau of Inspector:;,
for industrial disability, effective January

19, 1977-

b) Sergeant Leon Svirsky, Taraval Police Station,
for service, effective January 5, 1977.

- 78

c) Police Officer Joseph T. Ryan, Southeast

Police Station, for Industrial Disability,
effective January 5, 1977.

The communications were ordered filed.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 19-77

LEAVE OF ABSENCE WITHOUT PAY PENDING HEARING OP
CHARGES - APPROVED

WHEREAS, Inspector Ronald G. Limneos,
Juvenile Bureau, was suspended without pay effective
at 1600 hours, November 30, 1976, pending hearing
of the charges before the Police Commission; and

WHEREAS, Inspector Ronald G. Limneos has
requested a Leave of Absence Without Pay pending
hearing of charges beofre the Police Commission;
therefore be it

RESOLVED, that Inspector Ronald G. Limneos,
Juvenile Bureau, be placed on an extended Leave of
Absence Without Pay at his request for a period of
ninety (90) days commencing January 17, 1977, until
his hearing his held before the Police Commission.

AYES: Commissioners Ciani, Gallegos, hall
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 20-77

LEAVE OF ABSENCE WITHOUT PAY PENDING HEARING OF CHARGES-
APPROVED

WHEREAS, Police Officer Michael H. Gallagher,
Park Police Station, was suspended without pay ef-
fective at 0001 hours, Friday, March 26, 1976, pend-
ing hearing of the charges before the Police Commission;
and

WHEREAS, Police Officer Michael H. Gallagher,

- 79 -

has requested a Leave of Absence Without Pay
pending hearing of charges before the Police Com-
mission; therefore be it

RESOLVED, that Police Officer Michael H.
Gallagher, Park Police Station, be placed on an
extended Leave of Absence Without Pay at his re-
quest for a period of ninety (90) days commencing
January 23, 1977, until his hearing is held before
the Police Commission.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 21-77

AUTHORIZING ATTENDANCE OF LIEUTENANT CHARLES F. BEENE,
CRIME SPECIFIC TASK FORCE, AT THE NEW YORK POLICE DE-
PARTMENT CRIME UNIT, FROM JANUARY 30, 1977 TO FEBRUARY
12, 1977, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Lieutenant Charles F. Beene
Crime Specific Task Force, be detailed to attend
the New York Police Department Crime Unit for train-
ing, from January 30, 1977 to February 12, 1977, In-
clusive, be, and the same is hereby approved; and
be it further

RESOLVED, that expenses incurred by Lieuten-
ant Charles F. Beene, in attending this training course,
will be defrayed by the Law Enforcement Assistance Admin-
istration.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 22-77

REQUEST TO TRANSFER FUNDS

RESOLVED, that the Controller be, and he
is hereby requested to transfer funds in the amount
of $338,567 from unallotted funds to allotted funds
in Appropriation No. 6 . 161 . 110 . 000 . 000 (Permanent
Salaries-Uniform Force) to pay salary differential of
Uniform Force retroactive from July 1, 1976 to December
7, 1976; $94,885 from reserve funds to allotted funds

80 -

in Appropriation No. 5.161.111.000.000 (Extra Duty-
Uniform Force); and $69,380 from reserve funds to
allotted funds in Appropriation No. 5.161.112.000.
000 (Holiday Pay - Uniform Force) to pay differential
of Uniform Force retroactive from October 28, 1975
to June 30. 1976.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy
RESOLUTION NO. 23-77

RECOMMENDATION OF THE CHIEF OF POLICE FOR APPROVAL
OF TRAVEL EXPENSES INCURRED BY COMMUNICATIONS DIS-
PATCHER, BARABARA A. GRIZZEL, AT THE SACRAMENTO LAW
ENFORCEMENT TRAINING CENTER AT BRYTE, CALIFORNIA,
FROM JANUARY 10, 1977 TO JANUARY 14, 1977, INCLUSIVE

WHEREAS, on the recommendation of the Chief
of Police, Communications Dispatcher, Barabara A.
Grizzel, Communications Division, received permission
from the Police Commission to attend the Law Enforce-
ment Training Center at Bryte, California; and

WHEREAS, Communications Dispatcher, Barbara
A. Grizzel, did travel to Bryte, California, to attend
the Training Center, from January 10, 1977 to January
14, 1977, inclusive; therefore be it

RESOLVED, that expenses in the amount of
$212.75 incurred by Communications Dispatcher, Barbara
A. Grizzel, while attending this Training Center are
hereby approved. Expenses will be defrayed by the
Police Department's Police Officers' Training Fund.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

WEEKLY SICK REPORT

Chief of Police Charles R. Gain, submitted
a report of members of the Department off duty due
to sickness and disability forvthe week ending Tues-
day, January 18, 1977 at 2400 hours:

- 81 -

PREVIOUS WEEK
Daily average for the week sick 80 79

Daily average for the week dis-
abled 112 107

TOTALS 192 186

This is an increase of six (6) members off duty
daily from the previous week.

PREVIOUS WEEK

Daily percentage for the week

sick 4.03 4.01

Daily percentage for the week

disabled 6.79 6.65

TOTALS 10.82 10.66

Disabled at start of week 115

Started during week 18

Returned during week 21

Disabled at end of week 112

Net Gain or Loss -3

Sick and Disabled for week ending Saturday, January
17, 1976 at 2400 hours:

Eaily average for the week sick
Eaily average for the week disabled

TOTAL
Daily percentage for the week sick
Daily percentage for the week disabled

TOTAL 7.69

J ick and Disabled for week ending Tuesday, December
21, 1975 at 2400 hours:

Daily average for the week sick 82

Daily average for the week disabled 110

TOTAL 192

Laily percetnage for the week sick 6.65

Daily percetnage for the week disabled 4 . 01

TOTAL 10.66

56

90

146

2.88

4.81

- 82 -

The report was ordered filed

AYES: Commissioners Ciani, Gallegos, Hall
Siggins

NOT VOTING: Commissioner Murphy

The Commission then adjourned its meeting.

"f^'X

:'v '

- 83 -

sg,yyu^uAXj2*s

DOCUMENTS

*

2 FEBRUARY 1977

-tsco

PUBLIC LI3RARY

EXECUTIVE .SESSION

The^olice Commission of the City and
County of^San Francisco met in their chambers,
Room 551, Hall of Justice, 850 Bryant Street, on
Wednesday, February 2, 1977 in Executive Session
at 1700 hours and Regular Session at 1730 hours..

PRESENT: Commissioners Ciani, Gallegos,
Siggins

ABSENT: Commissioners Hall,Murphy

Commissioner Siggins presiding,

1.- PERSONNEL MATTERS

Chief Gain: "Mr. President,
as you know the Executive Ses
of making appointments to the
in the Department and with yo
certain persons from exempt p
certain persons to non-civil
Having received your approval
to announce that based upon t
Charter, Deputy Chief DeAmici
Chief of Police of Operations
position and become the Deput
Investigations. Supervising
will be removed from that pos
the rank of Deputy Chief of P
Captain Kevin Mullen will be
position of Deputy Chief of P
Captain Agustius Bruneman wil
position of Supervising Capta
announce also that at 10:30 t
will be the formal swearing i
as necessarily set after your
families can be present."

members of the Commission,
sion was for the purpose

appropriate positions
ur approval to removing
ositions and appointing
service exempt -positions.

to do so, I would like
he technicalities of the
s who has been Deputy

will be removed from that
y Chief of Police for
Captain Donald Taylor
ition and elevated to
olice of Operations.

appointed to the exempt
olice of Administration.
1 be appointed to the
in of Patrol. If I may
omorrow morning there
n of these individuals

approval so that their

Commissioner Gallegos: "I would like to make a mo-
tion that we concur with the recommendation of the

Chief."

Commissioner Ciani: "I second."

Commissioner Siggins: "All in favor?"

AYES: Commissioners Ciani, Gallegos,
Siggins

NOT VOTING: Commissioners Hall, Murphy

84 -

RESOLUTION NO'. 32-77

CHANGES IN PERSONNEL OF THE POLICE DEPARTMENT

WHEREAS, subject to the provisions of
Section 3-501 of the Charter of the City and
County of San Francisco, Chief of Police Charles
R. Gain, made the following removal and appoint-
ments in the San Francisco Police Department;
said position being authorized by Sections 3.534
and 3-533 of the Charter of the City and County of
San Francisco:

REMOVALS

EFFECTIVE

Clement D. DeAmicis #1514
Deputy Chief of Police
Operations

Donald L. Taylor #1206
Supervising Captain of
Patrol

0001 hrs. Thur. 3 Feb. 77

0001 hrs. Thur. 3 Feb. 77

APPOINTMENTS

EFFECTIVE

Clement D. DeAmicis #1514
Deputy Chief of Police
Investigations

0001 hrs. Thur. 3 Feb. 77

I

Donald L. Taylor #1206
Deputy Chief of Police
Operations

0001 hrs. Thur. 3 Feb. 77

Kevin J. Mullen #870
Deputy Chief of Police
Administration

0001 hrs. Thur. 3 Feb. 77

Agustius B. Bruneman #1784
Supervising Captain of
Patrol

0001 hrs. Thur. 3 Feb. 77

RESOLVED, that the above removals and
appointments made by Chief of Police Charles R. Gain,
be, and the same are hereby approved.

AYES: Commissioners Ciani, Gallegos,
Siggins

NOT VOTING: Commissioners Hall, Murphy

Commissioner Siggins: "Congratulations to all of you.

- 85 -

We have had the pleasure of working with you in
the past year and we would like you to know that
we have every confidence in each of you. I might
say that two of the moves here were occasioned by
the resignation of Deputy Chief Mortimer F. Mclnerney
who has oeen a personal friend of mine for some time.
He resigned from the department as of .last Monday
and has opened up his law offices out in the Sunset
District. The last time I talked to him he had just
shot a 76 in golf, but I wish him well and thank him
for the many years of service that he has given to
this Department."

Chief Gain: "May I, in closing, comment on these
appointments, thanking you for the approval and
to state to you that your top man team operating
under your policies and goals will certainly continue
to strive to do all we can to fulfill our principal
goal of impacting upon serious crime and then, of
course, providing all of those other services that
police are required to provide."

2 FEBRUARY 1977 REGULAR SESSION

The members of the Commission, having
been furnished copies of the minutes-- of the meet-
ing of January 2b, 1977 ^ reading of same was dis-
pensed with and they were approved.

AYES: Commissioners Ciani, Gallegos,
Siggins

NOT VOTING: Commissioners Hall, Murphy

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain asked If there were community representatives
present from the COMO meeting held last night and was
informed by Ms. Racquel Leon that there were members
present and that others were coming. She stated that
they were listed as number eight on the calendar and
since some of those members who were at last night's
meeting had not yet arrived she preferred to wait for
them to arrive before making her presentation.

Chief Gain: "The next item Mr. President, on the re-
port is not an agenda item, it is in regard to our
annual budget. To review, the Commission adopted a
resolution last week for us to seek a continuance in
the submittal of our budget for a two week period.
We found, though, in pursuing that direction of the
Commission that there is a Charter mandate that we
submit the budget on 1 February 1977. It became nec-
essary therefore, notwithstanding, and I apologize frr

- 86 -

it, the resolution of the Commission, for us to sub-
mit on 1 February, a brief budgeted document consist-
ing of two pages, copies of which has been given to
you. I do apologize for having done it. It was a
matter of complying with a Charter mandate of which
we did not have knowledge when you passed your re-
solution. I submitted the budget with full knowledge
that based upon the provision of the Charter that
not only would it be submitted on February, but be
approved by the Commission. I submitted an unapproved
budget. Therefore the budget submitted is not one
approved by the Police Commission and therefore is > I
subject to what action the Police Commission may want
to take in light of the discussion of a week ago in
regard to the Bar Association Proposal. I would ask
that the Commission take action at this time author-
izing and directing me to submit the complete budget
in the form you may desire tomorrow."

Commissioner Ciani : "I would like to move for ap-
proval of the budget as originally submitted by the
Department last week subject to the amendment that I
proposed at last week's meeting which was voted on
and not passed. I would incorporate, by reference,
all the statements I- made last week regarding, for
example, meeting with the P.O. A., and other inter-
ested parties and groups in the Department during
the period between submission of this budget and
the deadline for amendments, which I understand is
about a month; from how. f'The details of that motion
that was made last week are in the record so I would
simply move that we adopt the budget as amended by
that motion . "

Commissioner Siggins : "Well, the motion itself is
the adoption of this budget of $83,153,787 .00 dollars
plus an amendment to include the O.C.C., proposal with
8 civilian investigators at a figure of $22,5^9.00 dol-
lars plus a supervisor. Inclusion also of an item of
$50,000 dollars for payment for Hearing Officers and
such other funds that may be necessary to establish
personnel for the filing of citizens complaints. This
is a proposal that was made by Commisisoner Ciani last
week as an experimental kind of program as an alterna-
tive to the Bar Association for the Office of Citizens
Complaints. Is there any discussion on that?"

Commissioner Gallegos: "No I thought we discussed it
last week, I call for the vote."
Commissioner Siggins: "All in favor?"

AYES: Commissioners Ciani, Gallegos

NAYS: Commissioner Siggins

NOT VOTING: Commissioners Hall, Murphy

Commissioner Siggins: "I might express my point that
I would otherwise approve the 83 million dollar budget

I

1

- 87

but include at the present time the Internal Affairs
Bureau as it is now constituted. There may be a
question that last week there was a tie vote and I
have discussed with Commissioner Murphy her proposals
in this regard and they are very very similar to
Commissioner Ciani ' s and so to keep the budget going
I think that it war, only fair that we follow the
Charter and vote on that issue tonight. We have
now a concrete proposal and it has been pointed out
to us by the Police Officer's Association that they
wanted to meet and confer on this aspect of it, when
and only when we had a concrete proposal and here it
is now and I ask the Police Officer's Association to
meet with us, I invite them to meet with us within
the next two weeks, they certainly knew that this was
coming up and we would like to have their reaction.
Short of that, I would like to have the reaction of
all members of the sworn personnel of the Department
so that we can know as we go ahead and continue con-
sidering this matter not only as a budget item but
as a permanent item. That we have their views and I
would say right now that the P.O. A., has obstructed
our obtaining the views of the Department from the
members in this regard. Furthermore, we still feel
that throughout the Department there are many officers
of whom this would effect do not understand the con-
cept of the proposal, do not understand the reasons
why the public have expressed a desire for such a
thing and they have couched the whole concept in
what they call a Citizen's Review Board which this
is absolutely not, it is merely the hiring of Hear-
ing Officers to settle disputes under our direction
and furthermore to use Civilian Investigators in cer-
tain instances when complaints against the Department
are made. Any further comment on that?"

Ms. Ronnie Larsen: "You were asked last 'week by the
Bar Association and other people around you, since you
voted no on it as you have just voted, you have just
given reasons explaining that the police officers haven't
responded to you. Is that "

Commissioner Siggins : "I have to explain to the Bar
Association my reasons and I say this frankly, I may
be one of the stronger proponents of it and I think
we have a long way to go in this department If we
are ever going to get this Office of Citizens Com-
plaints and I think that if the reasons given now
were given, were to be used I think before the Board
of Supervisors, they would be used at the time for
obstructing. I want further imput from the officers
that are out on patrol and I want to make a further
study of this type of plan in other departments."

Commissioner Gallegos: "I think in that regard Mr.
Siggins here is a suggestion. I think the Chief may
have brought it up, the advisability of a visit by a
Commissioner to a number of Cities where such an oper-
ation exist, do you volunteer?"

Commissioner Siggins: "I volunteer but I have also
been looking at weather reports but it will be done.':

The members of the Commission, having been furnished
copies of the minutes of the Special Meeting of Jan-
uarv 17. 1977. sufficient time was net available f o i

88 -

the Commission to peruse same, therefore approval
of the minutes of the meeting of January 17, 1977
was continued to February 9, 1977.

AYES: Commissioners Ciani, Gallegos, Siggins
NOT VOTING: Commissioners Hall, Murphy

TRANSFER OF TAXICAB PERMITS - APPROVED

The matter of the transfer of the right
to operate taxicabs by the following-named persons
were called for hearing, . they having been advertised,
in the official newspaper in accordance with the pro-
visons of ordinance applying thereto. The transferors
and transferees appeared in person and were not re-
presented by counsel with the exception of the Neil
Park, Attorney at Law with Park, 'Swaner & Leslie for
Plaintiff Employers Mutual Liability Insurance of
Wausau. The Commission approved the transfer of
whatever rights, titles or interest that the within-
named transferors might have to operate taxicabs
to the within-named transferees; said approvals
contingent upon the transferees filing with the
Police Commission the appropriate bonds and/or
insurance policies as provided by the Police Code:

TRANSFEROR:

David Chang, 1^39 Leavenworth Street
San Francisco, California

TRANSFEREE

Paul M. Louie, l663-23nd AVenue ,
San Francisco, California (1 Permit

TRANSFEROR:

Yellow Cab Company of San Francisco,
695 - 8th Street, San Francisco, Calif.

TRANSFEREES

Samuel Alhadef, 1700 Sloat Blvd,
San Francisco, Calif. (2 Permits)

Larry Alhadef, 75 Eastmoor Avenue,
Daly City, California (2 Permits)

Philip Rancatore, 58 West Cavour,
Daly City, California (1 Permit)

Herman Wikkeling, 129 Broad Street,
San Francisco, California (1 Permit)

Fred Seronick, 592 Hillside Blvd.,
Daly City, California (1 Permit)

James E. O'Connor, 72 Merced Avenue,
San Francisco, California (2 Permits)

Leon Slade, 273 Howth, San Francisco,
California (1 Permit)

- 89 -

Al Graf, 859 Bryant Street,

San Francisco, Calif. (1 Permit)

Frank Tripoli, 1384 Madera Way,
Millbrae, California (1 Permit)

AYES: Commissioners Ciani, Gallegos, Siggim
NOT VOTING: Commissioners' Hall, Murphy

REQUEST OF MIRANDA NELSON, MEMBER OF THE WHITE PANTHER
PARTY, FOR A DEPARTMENTAL INVESTIGATION OF COMPLAINTS
AGAINST VARIOUS SAN FRANCISCO POLICE OFFICERS.

The Commissioners advised Ms. Nelson that because of the
fact that she and Mr. Landberg had not met with the
Chief "and his staff in an attempt to narrow the issues,
the matter should be put over until after that meeting
had been held. After much discussion, Ms. Nelson and
Mr. Landberg agreed to a meeting with the Chief and his
staff and the matter was continued and will be heard
at the next Police Commission Meeting on Wednesday,
February 9, 1977-

Miss. Raquel Leon, Attorney for Monge family, stated
that last night, In case the Police Commissioners
were not aware, they called a meeting regarding the
general conditions at Ingleside Station. She stated
that three weeks ago she approached Chief Gain and
asked him if he would come to this meeting. She
stated that she went to Lieutenant Trueb of the Police
Department's Legal Office and asked him if there would
be any problem for the Chief to come to a Public Meet-
ing and he stated that Chief Gain could not speak to
the Monge Investigation because a claim had been filed
against the City and County of San Francisco and a
complaint had been lodged in the Internal Affairs Bur-
eau. She further stated that the Chief did agree to
attend the meeting last .-night and when he arrived the
first thing he said was that he could not speak about
anything at all. She stated that she tried to persuade
him to stay because of the number of people in attend-
ance. She said she told him that they understood and
that they could not force him to speak to the issues.
She said that some of the people there wanted to speak
about other issues which were the subject of the jail
conditions and felt they could not wait until an in-
vestigation was completed to have those conditions
changed. She stated that most of the jails in the
district stations had bars on top of the cells as well
as in the front. She stated that she knew the Com-
mission could not stop suicides but they did not have
to make it easier for them. She said they wanted, to
address themselves to this but Chief Gain walked out and
did not bother to address the crowd or to show respect
to the Monge Family which was there and that they as
members of the community are demanding an apology for

- 90 -

that and also a reprimand from the Police Commission
for the way a public official acts to the people. She
said another thing that she became aware of this after-
noon was that Inspector Juan Morales was handling the
investigation of this case and contacted her client
and told him that he had been sent there by her and
that he was to answer any questions that he (Inspector
Morales) might have. She stated that this was all on
tape that she wanted to hear the tape and that this
was a very unethical move on the part of Inspector
Morales. She further stated that she wanted the Com-
mission to address itself to this issue also and that
she was ready to file a complaint in this regard. She
then introduced Mr. Robert Duway, Member of the Mission
Legal Defense who also spoke on the matter.

Chief Gain: "May I comment? First of all as to the
circumstances attending the meeting. I was asked to
attend the meeting and expressed a willingness to do
so. However, I did not know as a matter of fact,
whether a claim had been presented to the City in re-
gard to that incident. It was not until shortly be-
fore I went to that meeting that I found out and still
not knowing for certain from Lieutenant Trueb, that
probably a claim had been filed. The fact of the mat-
ter was that although it had been stated to him a claim
was filed, in his search none could be found in the
Police Department nor in the City Attorney's Office.
In talking to him by telephone at approximately 6:30
last night, he stated to me that that was still the
case of none being found. He also stated that he had
come to understand that there is about a three week
delay in' processing the claim so it could have been
filed and not yet determined in fact that it existed.
In reviewing the matter with him he stated definitely
that the claim had been filed and that I should not,
being a principal in the City and County, discuss any
attendant circumstances or any issues whatever relat-
ing to the matter. wnich would include of course dis-
cussion of security matters which may well be at Issue
and all the attendant circumstances surrounding the
points with them. When I went to the meeting I walked
approximately 10 feet into the doorway and that is when
I saw Ms,. Leon and the first thing I wanted to know to
confirm in my own mind, for a fact, had a claim been
filed, which would condition what I could speak about.
I asked her have you in fact filed a claim and she
said yes. It was only then known for certain that a
claim was filed. So I assumed then that it was in
process and not yet discovered. When she stated that,
then I said I cannot discuss any of the attendant cir-
cumstances which included, and we exchanged conversa-
tion, conditions in the jail whether you need security-
whatever, because that is all to the point and I knew
of course, I was speaking with the attorney who had
filed a claim. I stated that I was willing to stay
and listen but I could not speak to the issues. She
stated again that she had talked to Lieutenant Trueb
and that the issues, it was my understanding, should
be discussed. I stated to her, you are an attorney and
therefore you should hopefully and do recognize, that
I cannot be in a circumstance where we are talking
about those conditions. We were not getting anywhere

I

- 91 -

in the conversation, I concluded that it would be
non-productive and not to the benefit of the City
and County because a claim had in fact been filed,
to stay. Although I said I would stay and just
listen, I felt at that point that an attorney
should ; know the position I was in and I stated
then that I was leaving, I did leave. I did not,.
as characterized, stalk out. I don't know what that
means but I did leave. I did not know as a matter
of fact that the Monge ' s family was there. Had I
known that, then appropriate remarks to the family
would have been made, and I do now apologize, one
for not knowing that the family was there and ob-
viously, I couldn't make an apology and I am sorry
about that. I do , in fact, regret that what did
transpire, transpired the way it did. But Ms. Leon,
it was a situation as you know where communications
between you and I just ceased to be productive
because you did persue a warning to discuss matters
relating to the condition of that station to other
matters pertinent to the claim which had been filed
which is tantamount to a filing of a suit in court.
And for that reason it was no longer tenable even
to conduct a conversation because we had reached
that point where no communication could take place.
Now no disrespect whatever was meant to the citizens
who were there. I had no knowledge of course as to
what the composition would be. Others were close
by and heard statements that we made. Now I stand
ready and the Police Department does and we will,
in fact, address any condition in that station that
should be addressed. Investigations as we know,
are underway. So to the point that we don't care,
in fact is what I heard said, about conditions we
do, but we are still in a situation where we cannot
discuss those matters in the face of a claim which
is tantamount to a suit. That is what occurred."

Further discussion was held on the matter and Mr.
Duway asked if they (COMO) could be assured that there
is now an investigation of conditions in city jails
and if so there must be a determination as to when
this investigation would be completed. Chief Gain
stated that there is an Internal Affairs Investigation
going on and that Investigation will be completed as
soon as it reasonably can and upon completion the re-
sponse would be to Ms. Leon.

RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendations of the
Traffic Bureau on the Installation of zoning for the
regulation of traffic on the public streets, be, and
the same are hereby approved:

1700 HOLLOWAY AVENUE - SAN FRANCISCO STATE UNIVERSITY

a) At 1700 Holloway Avenue - install a 22'
Blue zone, to extend west from west
crosswalk .

92

1600 HOLLOWAY AVENUE - SAN FRANCISCO STATE UNIVERSITY

a) At 1600 Holloway Avenue , install a 22' Blue
zone, to extend from 6' - 28' west of west
side of driveway - to Administration Build-
ing.

704 LAKE MERCED - SAN FRANCISCO STATE UNIVERSITY

a) At 704 Lake Merced Boulevard, install a
22' Blue zone, to extend from 15' - 37'
east of South State Drive - Verducci Hall

3650 - 19th AVENUE - SAN FRANCISCO STATE UNIVERSITY

a) Afr 3650 - 19th Avenue, install a 44' Blue
zone, to extend north from Pole #353 -
Humanities Building.

3550 - 19th AVENUE - SAN FRANCISCO STATE UNIVERSITY

a) At 3550 - 19th Avenue, install a 22' Blue

zone, to extend from 20' - 42' south of the
north property line - Biological Science
Building .

719 - 731 TURK STREET - RHOES & SCHALLER

a) At 719-731 Turk Street, revoke existing
21' yellow zone.

564 PACIFIC AVENUE - DON ERHMANN ASSOCIATION

a) At 564 Pacific Avenue, install a 54'
Special Truck Loading Zone, to extend
from 3' west to 51 ' east of the west
property line - in effect 9 A.M., -
3 P.M.

3550 - 19th AVENUE - SAN FRANCISCO STATE UNIVERSITY

a) At 3550 - 19th Avenue, install a 22'
Blue zone, to extend from 125' - 147 '
south of the north property line -
Biological Science Building.

3904 - 06 - 3rd STREET - ARVIN ELECTRIC

a) At 3904-06 - 3rd Street - revoke 39'
from 6' - 45' south of Fairfax Street

- 93

2169 MISSION STREET - FURNITURE DISCOUNT

a) At 2169 Mission Street - revoke 42'

yellow zone from 6' - 48' North of
South Building line.

2101 MISSION STREET - REDLICK NEWMAN FURNITURE

At 2101 Mission Street - revoke 22'
white zone from 30' - 52' South of
17th Street.

2409 WEBSTER STREET - YOSHIDA RESTAURANT

a) At 2409 Webster Street, - install a 50'
white zone, to extend south of north
property line (50' white zone is re-
quested because 2 car spaces — 44' — would
leave an excess of 6', which is not enough
space for a vehicle.)

1799 WEBSTER STREET - TODAY'S MARKET

a) At 1799 Wehster Street, install a 22 »
green zone, to extend from 8' - 30'
south of north property line.

1321 - SEVENTH AVENUE - SULLIVAN'S SHOE REPAIR

a) At 1321 - 7th Avenue, install a 22'
green zone, to extend from 1' - 23'
north of south building line.

414 O'FARRELL STREET - LA SCALA RESTAURANT

a) At 4l4 O'Farrell Street - install a
36' white zone, to extend east from
west property line.

2323 POWELL STREET - MONTEFUSCO'S RESTAURANT

a) At 2323 Powell Street -install a 44'
white zone, to extend from 44' - 88'
north of south property line.

400 THIRD AVENUE - DAVID VARNER CHEVROLET

a) At 400 Third Avenue, revoke existing

37' green zone, and install 37' yellow
aone - to extend from 16' - 53' south

94 -

of Geary Boulevard.

I960 NORIEGA STREET - STATE FARM INSURANCE

a) At I960 Noriega Street - Install a 22'

green zone, to extend from 13' - 35' east
of west property line.

2070 BRYANT STREET - HARRON, RICHARD & MCCONE CO

a) At 2070 Bryant Street - revoke existing
60' green zone.

AYES: Commissioners Ciani, Gallegos,
Siggins

NOT VOTING: Commissioners Hall, Murphy

REVOKED

RESOLVED, that the recommendations, of
the Traffic Bureau on the revocation of 221 feet
of yellow, white and green zones at various parts
of the City at the Locations submitted, be, and
the same are hereby approved.

AYES: Commissioners Ciani, Gallegos,
Siggins

NOT VOTING: Commissioners Hall, Murphy

REQUEST FOR A SUPPLEMENTAL APPROPRIATION IN THE SUM
OF $57,388 TO ESTABLISH NINE (9) POSITIONS OF 9350
HARBOR POLICEMAN IN THE POLICE DEPARTMENT PURSUANT
TO PEREMPTORY WRIT OF MANDATE 6950394, EFFECTIVE
FEBRUARY 16, 1977.

Chief Gain called upon Captain J. William Conroy,
Commanding Personnel and Training, to speak on the
status of the Harbor Police. Captain Conroy related:
"when the City of San Francisco took over the Port
Authority the Harbor Police found themselves without
a particular home at that time. They made application
to become regular members of the Police Department
which application was rejected by the City Attorney
and by Civil Service. They then found themselves
transferred to the Office of the Sheriff of the
City and County and were integrated into that De-
partment as Deputy Sheriff Jailers or Deputy Sheriff
Bailiff's primarily as Jailers. They then went to
Superior Court asking if they could be transferred

1

- 95 -

back to the jurisdiction of the Police Department
and made the petition again that they be absorbed
in the classification of Q2 police officer. The
court summarily rejected their plea to become Q2
police officers but did issue a Pre-emptory Writ
of Mandate by Charles S. Perry, A Superior Court. Judge
He issued this mandate which states as follows:
'This court commands you the City and County of
San Francisco, the Eoard of Supervisors of the
City and County of San Francisco and the San Fran-
cisco Police Department to transfer the Harbor
Policemen, or persons who held that position as of
the date of the transfer, functions to the Police
Department, at the appropriate rank and station
bur not as Q2 Policemen and to give them , the bene-
fit of service.' The Commission after briefly dis-
cussing the issue adopted the following; resolution:

RESOLUTION NO. 46-77

REQUEST FOR SUPPLEMENTAL APPROPRIATION

RESOLVED, that the Controller be, and
he is hereby requested to draw a Supplemental
Appropriation in the amount of $57,388 from any
legally available funds, and credit it to the
following appropriations in the amounts indicated

Appropriation No. 6. l6l .110. 001.000

Permanent Salaries-Civilian $44,523

Appropriation No. 6 . l6l . 863 . 000 . 000
Mandatory Fringe Benefits
Transfer to No. 6.699-865.001 $ 1,096
Transfer to No. 6.123-860.000 $11,769

$57,388

to establish nine (9) positions of 9350 Harbor
Policeman In the Police Department pursuant to
Preemptory Writ of Mandate 6950394, effective
February 16, 1977-

AYES: Commissioners Ciani, Gallegos ,
Siggins

NOT VOTING: Commissioners Hall, Murphy

RESOLUTION NO. 47-77

REQUEST FOR A SUPPLEMENTAL APPROPRIATION IN THE SUM
OF '$14,154 TO RECLASSIGY ONE (1) 1823 SENIOR ADMIN-
ISTRATIVE ANALYST TO ONE (1) 1272 SENIOR DEPARTMENTAL
PERSONNEL OFFICER, AND TO RECLASSIFY ONE (1) 8302

- 96 -

POLICE MATRON TO ONE (1) 1426 SENIOR CLERK-TYPIST
EFFECTIVE MARCH 2, 177. __

RESOLVED, that the Controller be, and
he is hereby requested to draw a Supplemental
Appropriation in the amount of $14,154 from the
following appropriation numbers in the amounts
shown :

APPROPRIATION NO. 6 . l6l . 110 . 001 . 000

Permanent Salaries-Civilian $11,389

APPROPRIATION NO. 6 . l6l . 863 . 000 . 000
Mandatory Fringe Benefits
Transfer to No. 6.123.862.000 $ 666
Transfer to No. 6.697.860.000 $ 2,099

$14,154

and credit it to the following appropriations
in the amounts indicated:

APPROPRIATION NO. 6 . l6l . 110 . 001 . 000

Permanent Salaries-Civlian $10,667
APPROPRIATION NO. 6.161.199-000

Compensation Reserve $ • 797

APPROPRIATION NO. 6 . lbl . 863 . 000 . 000
Mandatory Fringe Benefits
Transfer to No. 6.123.862.000 $ 624
Transfer to No. 6.697-860.000 $ 2,066

$14,154

to reclassify one 1823 Senior Administrative Analyst
to one 1272 Senior Departmental Personnel Officer,
and to reclassify one 8302 Police Matron to one 1426
Senior Clerk Typist, effective March 2, 1977-

AYES: Commissioners Ciani, Gallegos,
Siggins

NOT VOTING: Commissioners Hall, Murphy

I

RESOLUTION NO. 48-77

REQUEST FOR SUPPLEMENTAL APPROPRIATION

RESOLVED, that the Controller be, and he
is hereby requested to draw a Supplemental Appropri-
ation in the amount of $413.00 from the following appro-
priation number in the amount shown:

APPROPRIATION NO. 6.161.120.001.000

Temporary Salaries-Civilian $ 413.00

97

and credit it to the following appropriation in
the amount indicated:

APPROPRIATION NO. 6 . l6l . 298 . 000

Local Cash Match C.E.T.A. $413 . 00

to compensate five (?) building and groundsmen
for night premium paj .

AYES: Commissioners Ciani, Gallegos,
Siggins

NOT VOTING: Commissioners Hall, Murphy

RESOLUTION NO. 34-77

OPERATING BUDGET FOR FISCAL YEAR 1977-78- SAN
FRANCISCO POLICE DEPARTMENT.

RESOLVED, that the Operating Budget of the
San Francisco Police Department for the Fiscal Year
1977/78, as submitted by Chief of Police Charles R.
Gain, in the following amount be, and the same is
hereby approved:

BUDGET - $83,440,458

AYES: Commissioners Ciani, Gallegos,
Siggins

NOT VOTING: Commissioners Hall, Murphy

RESOLUTION NO. 49-77

ASSISTANT INSPECTOR PATRICK A. WOLFE, BUREAU OF IN-
SPECTORS

WHEREAS, charges of violating the Rules
and Procedures of the San Francisco Police Depart-
ment were filed against Assistant Inspector Patrick
A.Wolfe, Bureau of Inspectors, as follows:

SPECIFICATION NO. 1

Violation of Section 118 of the Penal
Code of the State of California. (Vio-
lation of Rule 2.13 of the Rules and
Procedures of the San Francisco Police
Department . )

by Charles R. Gain, Chief of Police; therefore be it

RESOLVED, that the hearing be 'ore the
Police Commission on charges filed against Assist-
ant Inspector Patrick A. Wolfe, Bureau of Inspectors,
be, and the same is hereby set for V/edm sday, Feb-
ruary 9, 1977 at 5:30 p.m., in Room 551. Hall of
Justice .

AYES: Commissioners Ciani, Gallegos,
Siggins

NOT VOTING: Commissioners Hall, Murphy

RESOLUTION NO. 35-77

J. D. ESTRADA

RESOLVED, that the recommendation 'Of
the City Attorney for settlement of the claim of J.D,
Estrada against the City and County of San Francisco
in the sum of $20.50 as the result of a faulty tow,
be, and the same is hereby approved.

Date of Incident: September 26, 1976

AYES: Commissioners Ciani, Gallegos,
Siggins

NOT VOTING: Commissioners Hall, Murphy

RESOLUTION NO. 36-77

MARY LOUISE FISHER

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Mary
Louise Fisher against the City and County of San
Francisco in the sum of $18.00 as the result of
a faulty tow, be, and the same is hereby approved

Date of Incident: October 6, 1976

AYES: Commissioners Ciani, Gallegos,
Siggins

NOT VOTING: Commissioners Hall, Murphy

RESOLUTION NO. 37~77
HERBERT FONG

RESOLVED, that the recommendation of the

'9 -

City Attorney for the settlement of the claim of
Herbert Pong against the City and County of San
Francisco in the sum of $22.00 as the result of
i faulty tow, be , and the same is hereby approved

Date of Incident: October 10, 1976

AYES: Commissioners Ciani, Gallegos,
Siggins

NOT VOTING: Commissioners Hall, Murphy

RESOLUTION NO. 3 8-77

MARY GLEASON

RESOLVED, that the recommendation of the
City Attorney fdr settlement of the claim of Mary
Gleason against the City and County of San Francisco
in the sum of $18.00 as the result of a faulty tow,
be, and the same is hereby approved.

Date of Incident: September 26,1976

AYES: Commissioners Ciani, Gallegos,
Siggins

NOT VOTING: Commissioners Hall, Murphy

RESOLUTION NO. 39-77

INGEBORG JUNGINGER

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Ingeborg
Junginger against the City and County of San Francisco
in the sum of $21.00 as the result of a faulty tow,
be, and the same is hereby approved.

Date of Incident: September 26, 1976

AYES: Commissioners Ciani, Gallegos,
Siggins

NOT VOTING: Commissioners Hall, Murphy

RESOLUTION NO. 40-77

ROSEMARY LEE

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Rosemary

- 100

Lee against the City and County of San Francisco
in the sum of $21.00 as the result of a faulty. tow,
be, and the same is hereby approved.

Date of Incident: September 19,1976

AYES: Commissioners Ci&ni, Gallegos,
Siggins

NOT VOTING: Commissioners Hall, Murphy

RESOLUTION NO. 4l-77
ELIZABETH REED

RESOLVED, that the recommendation of the
City Attorney -..for settlement of the claim of Eliz-
abeth Reed against the City and County of San Fran-
cisco in the sum of $22.00 as the result of a faulty
tow, be, and the same is hereby approved.

Date of Incident: October 10, 1976

AYES: Commissioners Ciaini, Gallegos,.
Siggins

NOT VOTING: Commissioners Hall, Murphy

RESOLUTION NO. 42-77

CALIFORNIA STATE AUTOMOBILE
ASSOCIATION (RICHARD COLON)

RESOLVED, that the recommendation of the
City Attorney for settlement of unlitigated claim
of California State Automobile Association for Robert
Colon against the City and County if San Francisco
in the sum of $1,500.00 as the result of a collis-
ion with a police vehicle, be, and the same is here-
by approved.

Date of Accident: October 18, 1976

AYES: Commissioners Ciani, Gallegos,
Siggins

NOT VOTING: Commissioners Hall, Murphy

RESOLUTION NO. 43-77

IZOLA VIETTA COUTHER AND HER ATTORNEY
JOHN GARDENAL

RESOLVED, that the recommendation of the
City Attorney for settlement of litigation of Izola
Vietta Couther in the .urn of $900.00 in Superior Court
Action Mo. 680-120 entitled, "Izola Vietta Couther v.
City and County of San Francisco, et al . " as the re-

- 101 -

suit of damages sustained, be, and the same is
hereby approved.

Date of Accident: April 7, 1974

AYES: Commissioners Clani, Gallegos,
Slgglns

NOT VOTING: Commissioners Hall, Murphy

RESOLUTION NO. 44-77

GERALDINE FOSTER

RESOLVED, that the recommendation of the
City Attorney for settlement of unlitigated claim
of Geraldine Foster against the City and County of
San Francisco in the sum of $1,330.42 as the result
of a collision with a police vehicle, be, and the
same is hereby approved.

Date of Accident: November 3, 1976

AYES: Commissioners Ciani, Gallegos,
Siggins

NOT VOTING: Commissioners Hall, Murphy

RESOLUTION NO. 45-77

LAURIE BING GEE AND HIS ATTORNEY
JUDD RILEY SCOTT

RESOLVED, that the recommendation of the
City Attorney for settlement of litigation of Laurie
Bing Gee in the sum of $300.00 in Municipal Court
Action No. 686-227 entitled, "Laurie Bing Gee v. City
and County of San Francisco, et al," as the result of
damages sustained, be, and the same is hereby approved

Date of Incident: March 19, 1972

AYES: Commissioners Ciani, Gallegos,
Siggins

NOT VOTING: Commissioners Hall, Murphy

WEEKLY SICK REPORT

Chief of Police Charles R. Gain, submitted
a report of members of. the Department' off duty due to

- 102 -

sickness and disability for the week ending, Jan-
uary 25, 1977, at 2400 hours, as follows:

PREVIOUS WEEK
Daily average for the week sick 78 80

Daily average for the week dis-
abled 98 112

TOTALS 176 192

This is a decrease of sixteen (16) members off duty
daily from the previous week.

Daily percentage for the week sick 3-92

Daily percentage for the week disabled 5.95

5b

93

149

2.89

4.98

TOTAL 9.87

Sick and Disabled for week ending, Saturday, January
24, 1976 at 2400 hours as follows:

Daily average for the week sick

Daily average for the week disabled

TOTAL
Daily percentage for the week sick
Daily percentage for the week disabled

TOTAL 7 ;.87

Sick and Disabled for week ending Tuesday, December
28, 1976 at 2400 hours as follows:

Daily average for the week sick 62

Daily average for the week disabled 113

TOTAL 175

Daily percentage for the week sick 3-15

Daily percentage for the week disabled 6. 79

TOTAL 9-79
The report was ordered filed.

AYES: Commissioners Ciani, Gallegos,
Siggins

NOT VOTING: Commissioners Hall, Murphy

10 3 -

STATUS REPORT ON THE MATTER OF SERGEANTS AND ASSISTANT
INSPECTOR POSITIONS.

Chief Gain asked Lieutenant Richard Trueb to give a
status report on this matter. The Lieutenant stated
that the S.F.P.O.A., had filed an appeal on the one
for one appointments from the Sergeant's list. The
appeal was granted and stayed for a period of 10 days
He stated that if no further stays are granted the
Police Department may begin its appointment proced-
ure on February 10,1977.

Commissioner -.Siggins a
Survey currently going
Gain stated that the S
Department for about a
Edward Toothman, Direc
three, were doing most
they spend two or thre
to Sacramento and comp
surveys they have made
Department would be ge
reports when a particu

sked Chief Gain about the POST
on in the Department . Chief

urvey Team had been around the
month. He stated that Mr.

tor, and his staff of about
of the work. He stated that

e days here and then they go

ile reports on the particular
He further stated that the

tting, periodically, completed

lar survey is done.

The Commission then adjourned its meeting,

;\

/)

■SECRETARY

104

DOCUMENTS

yihOruJStjUi-

MAR 2 9 1377

i%?°

9 FEBRUARY 1977

REGULAR MEETING

The^ Police Commission of the City and
County of^San Francisco, met in their chambers,
Room 351, Hall of Justice, 850 Bryant Street,
on Wednesday, February 9, 1977 at 1730 hours,
in regular session:

PRESENT: Commissioners Ciani, Gallegos, Hall,
Siggins

ABSENT: Commissioner Murphy

Commissioner Siggins presiding,

The members of the Commission, having
been furnished copies of the minutes of the meet-
ing of February 2, 19777, reading of same was dis-
pensed with and the minutes were approved.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "Mr. President, members of the Com-
mission, I have one item to report tonight. We
will commence a recruit school on the l4th of
March with a total of 8l police officers on that
date. We will be filling the 38 regular vacancies
and 12 of that number will be female police officers
and 24 police officers that will be in security,
then 19 officers will be promoted to Assistant In-
spector, which will give us 19 more vacancies in
the patrol ranks thereby making it a total of 8l.
So we are in the process now of making notifica-
tion to those persons on the eligible list that
they will be hired commencing the 14th of March."

Commissioners Gallegos: "Could we have a report
next week on the list before any final hiring so
that we make sure that we deal with some of the
problems we have had from previous testimony, for
example, hiring people with linguistic skills be-
cause that has come up over and over again."

Captain Donald Taylor, Deputy Chief of Operations,
stated: "The CETA employees that are furnished to
us from City Hall are all interviewed and we do
not select them from any type of a list. They are
sent directly to us and there is no preferential
langua ;e requirement given to the City Hall by the
Police Department or any need for such. We haven't
had a problem in that area. Many of them are min-
orities , however, I haven't got a breakdown by race
or tho ;e that are sent to us."

o -

Commissioner Gallegos : "Can we pet -that next week?"
Captain Taylor: "Yes."

Commissioner Ciani : "Has there been any progress on
the attempt to find some solution to the Chinese lang-
uage problem? I think when we last received a report,
it was reported that we couldn't use exempt waivers, ■
but is there a new "

Chief Gain: "Sergeant DePilipo is exploring that with
the City Attorney's Office with the particular Deputy
City Attorney that is dealing with the problem. He
has been in trial so we haven't gotten any responses.
That concludes my report."

ANNUAL REPORT TO THE POLICE COMMISSION ON SECONDARY
EMPLOYMENT.

Chief Gain stated that it would probably take three
weeks to bring this report up to date. He stated
that he was having each party respond to a question-
aire sent out by the Department. He stated that he
would have the report in about three weeks. '

Commissioner Gallegos: "Are there possibilities of
including in that survey some view about the atten-
dance and the history of the officers who are in-
volved in secondary employment whether they tend to
be absent more or "

Chief Gain: "That is a separate survey to be under-
taken by the Personnel Bureau. We are conducting
a study of sickness and part of that is related to
what extent are those' persons who are ill engaged
in secondary employment is there a relationship.
That's a second survey. We can calendar this about
two weeks hence, we should have the survey results
at that time . "

REQUESTING APPROVAL OF THE POLICE COMMISSION OP THE
SALE OF PATROL SPECIAL BEAT NO. 105, RICHMOND POLICE
DISTRICT, BELONGING TO PATROL SPECIAL OFFICER CARL
SCHADE TO ASSISTANT PATROL SPECIAL OFFICER WILLIAM
BARNHART .

The parties involved in this matter were absent
and the matter was continued.

AYES: Commissioners Ciani, Gallegos, Hall
Siggins

NOT VOTING: Commissioner Murphy

- 106 -

RESOLUTION NO. 58-77

PATROL SPECIAL OFFICER RALPH GREBMEIER -REVOKED

RESOL\rED, that the request of Patrol
Special Officer Ralph Grebmeier, owner of Beat:
Nos. 83 and 96, northern Police District, to
make that portion of both beats which overlap
into the Central Police District, into a nev;
beat and give it the "No. -7", be, and the same
is hereby approved; and be it further

RESOLVED, that the appointment of Ralph
Grebmeier as Patrol Special Officer for Beat No.
7 which overlaps from Northern Police District int'6
the Central Police District, be, and the same is
hereby revoked, effective February 9, 1977, he
having sold his beat to his wife, Patrol Special
Officer Linnea Grebmeier.

AYES: Commissioners Ciani, Gallegos, Hall
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 59-77

PATROL SPECIAL OFFICER LINNEA GREBMEIER -APPROVED

RESOLVED, that Linnea Grebmeier, be,
and she is hereby appointed a Patrol Special
Officer for Beat No. 7, which overlaps from
Northern Police District into the Central Police
District; said appointment effective February 9,
1977, she having purchased Beat No. 7, from her
husband, Ralph Grebmeier.

AYES: Commissioners .Ciani, Gallegos, Hall
Siggins

NOT VOTING: Commissioner Murphy

REQUEST OF MIRANDA NELSON, MEMBER OF THE WHITE
PANTHER PARTY, FOR A DEPARTMENTAL INVESTIGATION
OF COMPLAINING AGAINST VARIOUS SAN FRANCISCO
POLICE OFFICERS.

Commissioner Siggins: "Ms .Nelson, if you are
going to be representing yourself, we are not

going to have you can have yourself or

anybody else representing you and if you are

107 -

going to represent yourself we expect you to do
the talking and we will have some order and de-
corum throughout this partici Lar hearing. I refer
first to the fact that the Hi nan Rights Commission
wrote us a letter with certa.i n allegatiors from
which their staff had prepared with some comments
and we have copies of those. We have copies of
the response from the Department dated January 26,
1977 and this Commission asked you (Miranda Nelson)
to meet with the Chief and his staff to resolve
some of the issues to shorten this particular meet-
ing. Chief, did you meet with her?"

Chief Gain: "Yes, Mr. President, we met on Monday
for approximately three hours for the purpose of
discussing our response letter of January 12th and
the response letter of January 26th with the ob-
jective that was discussed last Wednesday at the
Commission Meeting, about narrowing the issues.
And what occurred was regarding our response of
January 12th, Miranda Nelson took exception to two
paragraphs. We discussed those paragraphs in that
letter and in regard to our response letter of Jan-
uary 26th there were three items discussed. As a
result of our discussions it was necessary for
Staff to obtain further information in regard to
some of these items which we did and which we are
prepared to report on tonight and it is my feeling
that with our responses that we give tonight, that
all of our responses to their allegations in both
documents, the January 26th and January 12th in-
cidents are adequate and in regards to those mat-
ters I feel they should be closed if the Police
Commission is so 'inclined. With your permission
I will have Lieutenant Trueb, who is at the meet-
ing, relate our responses to the issues."

Lieutenant Trueb then went over the allegations and
the department's answers to those allegations that
were enumerated in the documents. His presentation
was the results of having gone through and narrow-
ing those issues in a meeting on Monday, February 1 .
1977, with Ms. Nelson and Mr. Landberg for final
disposition at today's meeting.

Commissioner Siggins thanked Lieutenant Trueb for
his presentation and then asked if the Commissioners
had any questions? There being none, he then asked
Ms. Nelson if she wanted to respond to the presenta-
tion made by Lieutenant Trueb?

Ms. Nelson stated that she would like to focus on
what she considered was the most serious issue under-
taken at the meeting and that it was something that
had never been mentioned before. She stated that it
had to do with testimony taken from Officers DeFilippo
and Harrington. She then read to the Commission a
letter containing the following: "On July 11, 1974,
Officers Theilen and Boyd, after Miranda Nelson was
released, located the Juvenile informants who again

108 -

related to them the incident they witnessed on
July 11, 197^, and that further the Juveniles
had observed Sergeant Dunnigan and Officers Theilen
and Boyd take Miranda Nelson to 1632 Page Street.
They identified Miranda Nelson as the person they
saw leaving the service entrance of 526-A Ashbury
and carrying the Stereo Equipment . With this posi-
tive identification of Miranda Nelson as the suspect
in this burglary, Officers DePilippo and Harrington
certainly had probable cause to make an arrest.
Yet both Officers testified at the trial that they-
had no information other .than 'the July 11th, police
report. Now Officer DeFilippo is saying that the
first arresting officers gave them further informa-
tion. Certainly that deserves a reprimand and what-
ever else you do but there should be an official
reprimand. But this is just an indication of what
lies beneath the surface of this issue. It is highly
doubtful that the Police Commission will ever get
to the bottom of this since it has no investigative
staff of its own and must rely on the Police Depart-
ment to investigate. So the Commission has no ob-
jective source of information. The best way for the
Police Commission to be of help would be to cooperate
with an independent investigation. The Police De-
partment has proven that they are biased. They re-
fused to talk to Tom Stevens, the person with the
most knowledge about the incident. The Police Depart-
ment took over the investigation of the fire and it
has not been investigated. Andi now a serious police
lie has come to light and even tonight we. are being
subjected to more .and "more-o'f these stories. For
the community you are serving to maintain any degree
of respect for you, first there should be a repri-
mand and then you should decide tonight what your
goal in this investigation will be."

Commissioner Siggins then called upon nieutenant Trueb
to respond.

Lieutenant Trueb: "The paragraph to which she has
quoted is the paragraph to which I initially referred
that they took issue. I believe I included in my re-
sponse that both officers Harrington and DeFilippo
testified based on a review of the trial transcript
that they had acted on the arrest or their attempt to
arrest Miranda Nelson, it must be pointed out that
the arrest for the burglary never did go down at that
time, that is when the incident all started. On July
12th the incident culminated in the response of other
police units to the premises, the fire, the escape
and subsequent arrest of Mr. Olsen and I think of Mr.
Landberg fleeing the premises and we've reviewed the
trial testimony and both officers did state that in
fact they relied on the report. Now I think that it
should be pointed out that it is a well-known trial
tactic to develop various strategy. It was reported
earlier to this Commission that the District Attorney's
Office for reasons which they are far more qualified
to determine decided not to prosecute the burglary
and one of the facts that made that determination, a

- 109 -

fact was because they felt the burglary was a far
lesser included offense in a case wherein an as-
sault with a firearm which resulted in a police
officer almost being struck in the head by a bul-
let, three of which were subsequently determined
to have been discharged, should not cloud an issue
of an assault case and so the District Attorney
elected not to prosecute the burglary."

Ms . Nelson then stated that the Lieutenant was not
touching upon the fact that Of f icer -DeFilippo told
Sergeant Roche that despite what they had testified
to previously, that he had spoken to the other
officers. She then requested to have Mr. Ron Landberg
read from the transcript of the trial in this mat-
ter. After Mr. Landberg finished reading excerpts
from the transcript, Commissioner Siggins read the
following :

"On July 11, 1971! Melinda Nelson was taken to Park

Police Station for investigation of a burglary from

a residence on the 500 block of Ashbury Street. She

had fitted the description that the police then had

of the suspect and was living at the address where

the police had been informed the suspect had entered.

She was released from detention in accordance with

proper procedures as set out in the California Penal

Code .

After this release from detention the police
officers received a more positive identification
of Miranda Nelson as the burglary suspect - as a
person who had been seen carrying stereo equipment
from the burglarized residence.

On July 12, 1974 Officers DeFelippo & Harrington
went fct> 1632 Page Street to arrest Miranda Nelson for
burglary. While on the premises the officers were
shot at .

These are the simple facts that are before the
Police Commission. All other matters involved either
have been or still are before the courts.

On September 26, 1976 M N filed complaints
against three officers in this department.

110 -

1. Sgt . Dunnigan for false arrest on 7-11-74.

2. Officers DeFelllpo and Harrington for false
arrest on July 12, 197^.

I have reviewed all of the material sub-
mitted to me. Much of the material first submitted
contained allegations and conclusions that related
to incidents, arrests and claims of intimidation &
harassment, and conspiracy that went beyond the
subject of the detention of Miranda Nelson as a
suspect in the Ashbury Street burglary.

The department, through its Chief, requested
Miranda Nelson and the White Panther Party to frame
specific charges and questions. With the help of
the staff of the Huma i Rights Commission a list of
questions and allegations were prepared. In November
1976 questions and al Legations were sent to the
Department by the Director of the Human Rights Com-
mission. The Department has responded to these al-
legations in its letter to us of January 26, 1976,
subsequent meetings with the White Panther Party be-
tween the Chief and Staff then finally report here
tonight .

The information provided by Miranda Nelson and
forwarded to us by the HRC, in my opinion, standing
alone and giving full credence to It, I find no
cause to sustain the allegations of false arrest
against Sgt. Dunnigan or Officers DeFelippo and
Harrington. There is no doubt in my mind that these
officers had sufficient cause to take the actions
that they did. Probable cause did exist for the
arrest of Miranda Nelson. They performed their
duty as they saw fit. As a Commissioner I would
expect nothing less. -I ask you to join with me in
closing this file with an exoneration.

- Ill -

Two other persons who fired shots at or In the
vicinity of .Officers DeFellipo and Harrington admitted
they did have been convicted. The White Panther Party
should understand that matter is in the courts after
a conviction. They stand convicted beyond a reasonable
doubt after a jury trial of assault.

Through their attorneys Miranda Nelson and
others pursued a lawsuit in the United States District
Court. Included in these allegations of the 16 page
complaint that I have read were charges of unlawful
arrest and arrest without probable cause. She had
every right to pursue this remedy. Said action be-
came a part of the calendar of Judge Oliver Carter,
Judge Carter ordered a Dismissal of This Action on
April 15, 1976.

Our laws have many statutes enacted as a matter
of public policy to promote justice by preventing
the assertion of stale claims. Evidence becomes lost,
memories fade, witnesses disappear. Even just and
well-founded claims must be pursued diligently. These
officers are still being charged with the stale claim
of false arrest before this Commission when a Federal
Judge dismissed the charges almost a year ago.

I ask you to entertain a motion of exoneration
of those officers on the charges of false arrest that
were filed by Miranda Nelson last September."

Ms. Nelson then stated that she wanted to add something
at this point: "On November 4th, 1976, the District
Court of Appeals in San Francisco ruled that the pro-
secution never proved that the police had probable
cause for my arrest. And the convictions of Tom

- 112 -

(Stevens) and Terry (Phillips) of assault on a
police officer with a deadly weapon were over-
turned. A week from Friday, on February 18, 1977,
they will appear for resentencing on a 2^5 (a)
which means assault with a deadly weapon not as-
sault on a police officer. Also, Commissioner
Siggins and for you other Commissioners, there is
still the matter of Mr. DeFilippo and Mr. Harrington's

the problem that arose with the information

they related to the Department to the response that
was presented to you on the 12th. Now that is a
pretty serious thing and I want you to state what
you are going to do about that. I am asking for a
official reprimand."

Commissioner Siggins stated that this was a sepa-
rate issue and that it would take a separate review
of the pages of the transcript for the Department
to make a response. He also stated that he had heard
Mr. Landberg read the transcript and because of the
form in which the questions were asked during the
trial proceedings, those charges as he heard them
now would not be sustained.

Commissioner Ciani stated that she would like to
go over the whole context in which those statements
were made because they might have been omitting some
of the other discussion which would be relevant to
the way those questions were asked and answered
and that she wouldnv'_t want to make a decision unless
she had had a chance to read the whole transcript.
She further stated that she would make a motion to
adopt Commissioner Siggins request .

Commissioner Siggins stated that would mean an exon-
eration of Sergeant Dunnigan and Officers DeFillipo
and Harrington on the charges that Miranda Nelson
filed on September 7th, 1976.

Commissioner Ciani then stated that she was very
impressed with the quality of the investigation
which was provided by the Department. She stated
that there was no doubt in her mind that, it has
been a thorough investigation and she didn't think
that any outside investigating sourse could do any
better .

113 -

Commissioner Sigglns then stated Commissioner Ciani ' s
motion is seconded by Commissioner Hall. It was
then unanimously approved by the Commission. He
further stated that he will write to the Director
of the Human Rights Commission giving him a summary
of the matters discussed and that he would further
add to the remarks Commissioner Ciani made about
quality., of the investigation and to which he also
would compliment the Department and the Chief for
allowing this issue to be brought out into the open
by having it publicly heard and officially adjudi-
cated .

RESOLUTION NO. 60-77

SENIOR-CLERK TYPIST JOANNE COYNE, BUREAU OF SUPPORT
SERVICES

WHEREAS, charges of violating the Rules and
Procedures of the San Francisco Police Department
were filed against Senior Clerk-Typist Joanne Cyne ,
as follows :

SPECIFICATION NO . 1

Neglect of Duty. (Violation of
Section 2.13 of the Rules and
Procedures of the San Francisco
Police Department.)

by Charles R. Gain, Chief of Police; therefore be it

RESOLVED, that the hearing be'fore the
Police Commission on charges filed against Senior •
Clerk-Typist Joanne Coyne, be, and the same is here-
by set for Wednesday, February 23, 1977, at 5:30
p.m., in Room 551, Hall of Justice.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 62-77

HEARING OF ASSISTANT INSPECTOR PATRICK A. WOLFE,
BUREAU OF INSPECTORS

WHEREAS, the hearing of Assistant In-
spector Patrick A. Wolfe, Bureau of Inspectors,

114 -

was called, it having been set for this date; and

WHEREAS, it was requested by Mr. George
G. Walker, Attorney for the Defense, that the hear-
ing for Assistant Inspector Patrick A. Wolfe, be
continued to Wednesday, February 16, 1977; therefore
be it

RESOLVED, that the date for the hearing ■
of the disciplinary charges filed against Assistant
Inspector Patrick A. Wolfe is set for Wednesday, Feb-
ruary 16, 1977 at 5:30 p.m., in Room 551, Hall of
Justice .

AYES: Commissioners Ciani, Gallegos , Hall
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 63-7?

SENIOR CLERK-TYPIST ELIZABETH HALBERG , BUREAU OF
SUPPORT SERVICES

WHEREAS, on Tuesday, January 18, 1977 ,
Charles R. Gain, Chief of Police, made and served
charges against Senior Clerk-Typist Elizabeth Hal-
berg, -reading as follows:

SPECIFICATION NO. 1

Neglect of Duty. (Violation of
Section 2.13 of the Rules and
Procedures of the San Francisco
Police Department.)

SPECIFICATION NO. 2

Conduct prejudicial to the efficiency
and discipline of the Department. (Vio-
lation of Section 2.13 of the Rules and
Procedures of the San Francisco Police
Department . )

and

WHEREAS, the Police Commission set Wed-
nesday, February 23, 1977, as the date for the
hearing on charges filed against Senior Clerk-Typist
Elizabeth Halberg; and

- 115

WHEREAS, Chief of Police Charles R. Gain
announced that i he Police Department was in. receipt
of the resignation of Senior Clerk-Typist Elizabeth
Halberg from the San Francisco Police Department;
said resignation effective February 18,1977, which
resignation was accepted with the condition that the
services of Senior Clerk-Typist Elizabeth Halberg
have been unsatisfactory and that she does not re-
sign in good standing; therefore be it

RESOLVED, that. the charges of violating
the Rules and Procedures of the San Francisco Police
Department filed against Senior Clerk-Typist Eliza-
beth Halberg, be, and the same are hereby continued
off calendar.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

REQUEST PERMISSION TO APPLY FOR AND ACCEPT AN
INTEGRATED CRIMINAL APPREHENSION PROGRAM GRANT -
CONTINUED ONE (1) WEEK.

AYES: Commissioners Ciani, Gallegos, Hall
Siggins

NOT VOTING: Commissioner Murphy

REQUEST PERMISSION TO APPLY FOR AND ACCEPT A
PROPERTY CRIMES PREVENTION PROGRAM GRANT -
CONTINUED OFF CALENDAR ONE (1) WEEK.

AYES: Commissioners Ciani, Gallegos, Hall
Siggins

NOT VOTING: Commissioners Murphy

Commissioner Siggins: " I would just like to
state for the record that I talked to Officer
Ballentine regarding a meet and confer session
regarding the proposal, pilot program for the
Office of Citizens Complaints Procedures and
asked him to meet with us as soon as possible
and he said he would have their attorney Mr.
Solomon contact me tomorrow. So we are avail-
able and as soon as he contacts me we can set
up a meeting.

lib -

HEARING OF POLICE OFFICER MARIO DILORENZO, INGLESIDE
POLICE STATION.

The hearing of Police Officer Mario DiLorenzo,
Ingleside Police Station, was called, It having been
set for this date. Police Officer Mario DiLorenzo
was charged with violating the Rules and Procedures
as follows :

.

specification;>:no. i-

Excessive Force. (Violation of
Section 2.13 of the Rules and
Procedures of the San Francisco
Police Department.)

in a properly verified complaint by Clement D. DeAmicis,
Acting Chief of Police.

Police Officer Mario DiLorenzo appeared in per-
son and was represented by Mr. Stepnen Bruce Bley,
Attorney at Law.

Sergeant David P.Roche, Legal Officer, ap-
peared as Prosecutor for the Police Department.

Opening Statements were made by both the
Prosecuting and Defense Attorneys.

The following-named witnesses appeared for
the Prosecution, were sworn and testified:

Ronald Amorelli
839 Larchmont Drive
Daly City, California

Dr. Dudley J. Fournier

450 Sutter Street

San Francisco, California

Police Officer Warren Hawes
Ingleside Police Station

Police Officer Stephen Spranger
Ingleside Police Station

Sergeant Bill R. -Taylor
Internal Affairs Bureau

Police Officer Mario DiLorenzo
Ingleside Police Station

- 117 -

The following-named witness appeared for
the Defense, was sworn and testified:

Sharon Isaac

27 San Juan Avenue

San Francisco, California

A' closing statement was waived by Sergeant
David P. Roche, Legal Officer.

A closing statement was then presented;-' by
Mr. Stephen Bruce Bley, Attorney at Law.

The Commission took the matter under sub-
mission and then recessed from 2131 hours to 2140
hours after which the following resolution was
adopted :

RESOLUTION NO. 61-77

DECISION - HEARING OF POLICE OFFICER MARIO DILORENZO,
INGLESIDE POLICE STATION.

WHEREAS, on August 27, 1976, Clement D.
DeAmicis, Acting Chief of Police, made and served
charges against Police Officer Mario DiLorenzo, as
follows :

SPECIFICATION NO. 1

a) That at or about 0215 hours on
Tuesday, June 15, 1976, the
accused was assigned as Station
Keeper at the Ingleside Police
Station,

b) That at or about the above stated
time a prisoner was brought into
the Ingleside Police Station,

c) That without lawful authority the
accused did strike the prisoner
in the Ingleside Police Station;

d) That because of the above-stated
conduct, the accused did violate
Section 2.13 of the Rules and
Procedures of the San Francisco
Police Department, which reads
as follows :

"Any breach of the peace, neglect
of duty, misconduct or any con-
duct on the part of any member
either within or without the state

- 118

which tands to subvert the
good order, efficiency or
discipline of the Department
or any member thereof or that
is prejudicial to the efficiency
and discipline of the department,
though such offenses are not spec-
ifically defined or laid down in
these Rules and Procedures shall
be considered unof f icerlike con-
duct triable and punishable by
the Board . "

and

WHEREAS, a hearing on said charges was
had before the Police Commission pursuant to Section
8.3^3 of the Charter of the City and County of San
Francisco on Wednesday, February 9, 1977, and that
on Wednesday, February 9, 1977, the matter was sub-
mitted to the Police Commission for decision; and

WHEREAS, the Police Commission finds that
the said charges made and filed against Police
Officer Mario DiLorenzo, Ingleside Police Station,
as contained in Specification No. 1 are sustained
by the evidence presented at the hearing and that
Police Officer Mario DiLorenzo has violated Section
2.13 of the Rules and Procedures of the San Fran-
cisco Police Department; therefore be it

RESOLVED, that it is the order of the
Police Commission that Police Officer Mario Di-
Lorenzo has violated Specification No. 1, Section
2.13 of the Rules and Procedures of the San Fran-
cisco Police Department; and be it further

RESOLVED, that it is the order of the
Police Commission that for said violation, Police
Officer Mario DiLorenzo, be suspended for ten (10)
working days without pay, commencing Wednesday, March
2, 1977 at 0001 hours, and terminating Tuesday, March
15, 1977 at 2400 hours.

Recesses taken during the hearing of
Police Of ficer> Mario DiLorenzo:

2131 hours to 2140 hours
2145 hours to 2155 hours

(The entire proceedings were taken
in shorthand form by Hearing Reporter
Dorsey A. McTaggart , C.S.R.)

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

119

RECOMMENDATIONS OP THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendations of the
Traffic Bureau on the installation of zoning for
the regulation of traffic on the public streets, be
and the same are hereby approved.

56 - 12th STREET - BOYD LIGHTING FIXTURE COMPANY

a) At 56-12th Street, revoke from 18 ' to
56' south of north property line.

1224 GRANT AVENUE - DIGRANDE RESTAURANT

a) At 1224 Grant Avenue, install a 22'
white zone, north of south property

line .

3176-17th STREET - J. BORG SUPPLY COMPANY

a) At 3176 - 17th Street, install a 23
green zone from 7 ' east to 15 ' west
of east building line.

4 599 - 18th STREET - VICTORIAN RESTORATION AND DESIGN

a) At 4599 - 18th Street, Install a 22'
yellow zone from west building line
to 22' east of same.

361 - 8th STREET - QUALITY BRAKE SUPPLY

a) At 361 - 8th Street, install a 22'
green zone from 3' to 25' north
of south property line.

#10 HERON - 'QUALITY BRAKE SHOP

a) At #10 Heron, Install a 22' yellow
zone from west property line to 22'
east of same.

1701 FRANKLIN STREET - KUTSKO, MORAN AND MULLIN

a) At 1701 Franklin Street, install a 44'
white zone from 18 ' to 26' north of
south property line.

1224. NINTH AVENUE - INNER SUNSET COMMUNITY FOOD STORE

a) At 1224 - Ninth Avenue, install a 20'

- 120

yellow zone, to extend north of
south property line .

AYES: Commissioners Ciani, Gallegos, Hall
Siggins

NOT VOTING: Commissioner Murphy

Rt YOKED

RESOLVED, that the recommendation of the
Traffic Bureau on the revocation of 18 feet of white
zone at that part of the City at the location sub-
mitted, be, and the same is hereby approved.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RECOMMENDATION OF THE CITY ATTORNEY FOR SETTLEMENT
OF THE CLAIM OF WILLIE R.BROWN AND BARBARA BROWN
AND THEIR ATTORNEY AUBREY GROSSMAN AGAINST THE CITY
AND COUNTY OF SAN FRANCISCO IN THE SUM OF $17,500-
HELD OVER

AYES: Commissioners Ciani, Gallegos
Hall, Siggins

NOT VOTING: Commissioner Murphy

RETIREMENTS

Communications received from the Retire-
ment Board officially notifying the Police Commis-
sion of the retirement of the following-named mem-
bers of the Police Department:

a) Police Officer Walter J. Derby, Traffic
Bureau, for industrial disability, ef-
fective January 27, 1977-

b) Police Officer Gino R.Giaccani, Ingleside
Police Station, for industrial disability,
effective October 25, 1976.

Tie Communications were ordered filed.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

- 121 -

RESOLUTION NO. 52-77
POLICE NARCOTIC FUND

RESOLVED, that the Controller be, and
he is hereby requested to draw a voucher in favor
of Chief of Police Charles R. Gain in the amount
of $4,000 charging same to Appropriation No. 6.
l6l.890.050 as an advance on the Police Narcotic
Fund for the month of March, 1977.

AYES: Commissioners Ciani, Gallego;;, Hall
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 53-77

POLICE . CONTINGENT FUND

RESOLVED, that the Controller be, and
he is hereby requested to draw a voucher in favor
of Chief of Police Charles R. Gain in the amount
of $3,000 charging same to Appropriation No. 6.
l6l.890.000 as an advance on the Police Contingent
Fund for the month of March, 1977.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 5^-77

RECOMMENDATION OF THE CHIEF OF POLICE FOR APPROVAL
OF TRAVEL EXPENSES INCURRED BY ASSISTANT INSPECTOR
ALAivi SONODA AND POLICE OFFICER MATTHEW KRILETICH,
YOUTH SERVICES DIVISION, INVESTIGATIONS BUREAU, AT
A SCHOOL RESOURCE OFFICERS TRAINING COURSE AT LONG
BEACH, CALIFORNIA, FROM JANUARY 2k, 1977 TO JANUARY
26, 1977, INCLUSIVE.

WHEREAS, on the recommendation of the
Chief of Police, Assistant Inspector Alan Sonoda and
Police Officer Matthew Kniletich received permission
from the Police Commission to attend a School Resource
Officers Training Course at Long Beach, California;
and

WHEREAS, Assistant Inspector Alan Sonoda

12;

and Police Officer Matthew Kriletich did travel to
Long Beach, California, from January ilk , 1977 to
January 26, 1977, inclusive, therefore be it

RESOLVED, that expenses in the amount
of $243.00 each incurred by Assistant Inspector
Alan Sonoda and Police Officer Matthew Kriletich
while attending this course will be defrayed by
the Police Department's Police Officers' Train-
ing Fund.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 55-77

AUTHORIZING ATTENDANCE OF LIEUTENANT VICTOR MACIA,
CHIEF'S OFFICE, AT A POLICE EXECUTIVE PROGRAM DEV-
ELOPMENT GROUP WORKSHOP AT CHARLESTON, SOUTH . CARO-
LINA, FROM MARCH 7, 1977 TO MARCH 18, 1977, INCLUSIVE

RESOLVED, that the recommendation of the
Chief of Police that Lieutenant Victor Macia, Chief's
Office, be detailed to attend a -Police Executive
Program Development Group Workshop at Charleston,
South Carolina, from March 7, 1977 to March 18, 1977,
inclusive, be, and the same is hereby approved; and
be it further

RESOLVED, that expenses incurred by Lieuten-
ant Victor Macia in attending this workshop, will be
defrayed by a grant from LEAA.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 56-77

AUTHORIZING ATTENDANCE OF LIEUTENANT JOHN J. JORDAN,
INVESTIGATIONS BUREAU, AT AN EXECUTIVE TRAINING WORK-
SHOP ON "RAPE AND ITS VICTIMS" AT THE HILTON INN,
SAN FRANCISCO AIRPORT ON FEBRUARY 16, 1977 TO FEB-
RUARY 18, 1977, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Lieutenant John J. Jordan, In-
vestigations Bureau, be detailed to attend an Exe-
cutive Training Workshop on "Rape and Its Victims"
at the Hilton Inn, San Francisco Airport on February
16, 1977 to February 18, 1977, inclusive, be, and
+-v-,a c-omn -i ■-• hoviohw r3nnr>nvpd: and be It further

- 123

RESOLVED, that expenses incurred by Lieuten-
ant John J. Jordan in attending this workshop, will
be defrayed by the University Research Corporation.

AYES: Commissioners Ciani, Gallegos, Hall
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 57-77

REQUEST FOR SUPPLEMENTAL APPROPRIATION

RESOLVED, that the Controller be, and he
is hereby requested to draw a Supplemental Appro-
priation from the following appropriations in the
amounts indicated:

Appropriation No. 6.161.110.000

Permanent Salaries-Uniform Force $11,320
Appropriation No. 6 . l6l . 863 . 000

Mandatory Fringe Benefits

Transfer to No. 6.123.862.000 8,365

Transfer to No. 6 . 699 . 865 . 000 109

Appropriation No. 6.161.199.000

Compensation Reserve 4 , 559

$24,353

and credit it to the following appropriations in the
amounts indicated:

Appropriation No. 6 . l6l . 110 . 000

Permanent Salaries-Uniformed Force $13,944

Appropriation No. 6 .161 . 863 . 000

Mandatory Fringe Benefits

Transfer to No. 6.123.862.000 10,300
Transfer to No. 6.699.865.000 109

$24,353

to fund position of Deputy Chief - Administration

AYES: Commissioners Ciani, Gallegos , Hall ,
Sigsins

NOT VOTING: Commissioner Murphy

- 12^1 -

WEEKLY SICK REPORT

Chier of Police Charles K. Gain, submitted
a report of members of the Department -off duty due
to sickness and disability for the week ending Tues-
day, February 1, 1977 at 2400 lours:

PREVIOUS WEEK

Daily average for the week

sick 84 78

Daily average for the week

disabled 91 98

TOTALS 175 176

This is a decrease of one (1) member off duty daily
from the previous week.

Daily percentage for the week sick 4.20

Daily percentage for the week disabled 5-54

TOTAL 9.74

Sick and Disabled for Week ending Saturday, January
31, 1976 at 2400 hours: .

Daily average for the week sick 72

Daily average for the week disabled 99

TOTAL 171

Daily percentage for the week sick 3 .76

Daily percentage for the week disabled 5.28

TOTAL 9-0 4

Sick and Disabled for Week ending Tuesday, January
12, 1977 at 2400 hours:

Daily average for the week sick 62

Daily average for the week disabled 113

TOTAL 175

Daily percentage for the week sick 3-15
Daily percentage for the week disabled 6 . 79

TOTAL 9.94

125 -

T] i report was ordered filed.

AYES: Commissioner Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

The Commission then adjourned its meeting

126 - UUUUiViENTS

APR 5 1977

N FRANC.lS.pO
BLIC LIBRARY

16 FEBRUARY 1977 , REGULAR MEETING

Th^Police Commission of the City and
Co'unty of^San Francisco, met in their chambers,
Room 551, Hall of Justice, 850 Bryant Street, on
Wednesday, February 16, 1977 at 1730 hours, in
regular session.

PRESENT: Commissioners Ciani, Gallegos , Hall,
Siggins

ABSENT: Commissioner Murphy
Commissioner Siggins presiding,

The members of the Commission, having
been furnished copies of the minutes of the Special
Meeting of January 21, 1977 and the Special Meeting
of January 24, 1977, reading of same was dispensed
with and the minutes were approved.

AYES: Commissioners Ciani, Gallegos, .Hall,
Siggins

NOT VOTING: Commissioner Murphy

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "Mr. President, Members of the Commission,
I would like to report on, one, we submitted a letter
to you responding to several questions raised at the
last meeting about the hiring of employees. With your
permission I will have Deputy Chief Mullen review that
letter with you."

Deputy Chief Mullen then verbally went over the hi-
lites of the letter and answered questions tendered
by the Commissioners. (Copy of letter on file with
calendar items of this date.)

Chief Gain then stated that he had two other things
to report to the Commission: "I have submitted a
letter to you of which I don't think you have re-
ceived. Because of the number of security post that
we have to fulfill, last week we took 21 police officers
from various positions and legal, one from Community
Relations, various units, in Internal Affairs, so that
we could maintain constant staffing in our district
stations. So that Taraval, for example, and Ingle-
side would not be short. So with 21 last week, this
week we took 8 more for a total of 29. So that as a
matter of fact now when it comes to the security of
the Supervisors and other security or any where else

- 127-

to see so w.e are going to maintain that constant
staff in district stations notwithstanding the
other security measures that we have to implement.
Now the last thing that I would like to do in my
report tonight is to have Lieutenant Trueb review
with you a document we just gave you tonight which
pertains to the status of the Federal Court Case
and also a letter written to LEAA and LEAA ' S re-
sponse and then the status of that matter."

Lieutenant Trueb stated that contained in the letter
is the question of the suspension of funding by the
LEAA because of this department allegedly not com-
plying with the Omnibus Crime and Safe Streets Act.
He stated that the Court stated it found an infer-
ence of possible discrimination. . He then said that
based on that a letter from Mr. Gnaizda of Public
Advocates went to LEAA. lie said that a hearing on
the OFJ matter which is set for trial on May 3rd
will take in the aspects of this matter and if the
Court finds that the Department is in compliance
it will moot the letter and the LEAA ' s concern.
If the Department is not in compliance then we would
-have to follow the directions of the Court and submit
to certain requirements which LEAA would develop. He
stated that there is no problem of funds being termi-
nated at this time. The City Attorney is aware of
it and will take the appropriate action if the Court
finds after the May 3rd hearings that the Department
is not in compliance.

BIBLIOGRAPHY FOR PROMOTIVE EXAMINATION FOR LIEUTENANT
OF POLICE.

Chief Gain: "Mr. President, Members of the Commission
as you know the Commission received a letter from the
Secretary of the Civil Service Commission regarding
the Bibliography for the Lieutenant's Promotional Exam
reflected that the Civil Service Commission opted to
reject the Bibliography in order to reman it to the
Police Commission for further review. I talked today
with the President of the Civil Service Commission
who related to me and wanted me to relate it to you
about the reconsideration. He felt that the Civil
Service Commission would accept whatever the Police
Commission does submit which means they are ameni-
able to accept a Bibliography as previously submit-
ted. However, what I would request of you is that
we continue this matter for one week so that I could
confer with Civil Service Staff. I am concerned,
based upon reports that I have received, that when
it comes to choosing multiple choice questions from
the Bibliography that there may be a tendency to
pick out the very esoteric parts of books, some his-
torical dates and something of that nature. I just
want to review with them just what they do because
if it is going to require rote memory, memorization
of these books then I think we have a real problem.
So I would request that it be continued for one week.
I will confer with Civil Service Staff and report
back to you next week.. Another concern expressed,

- 128 -

by the -/ay, in regard to nine books was a concern
that police officers studying for the exam would
be spending all of their on-duty time reading books
rather than working. And I assured two persons who
has stated that concern to me that that actually
would not occur whether it is one or nine books.
It seemed, historically perhaps, that that was con-
doned in the police department but regarding any
exam it will not be condoned hereafter, studying
while on duty. It is not fair and, of course, it
Is not appropriate."

Mr. Ralph Salzman representing the San Francisco
Police Officer's Association, spoke on the issue,
stating that the Police Officers Association's
position was that they wanted well qualified people
filling the Lieutenant's positions, that they want-
ed this Police Commission to consider the Biblio-
graphy with all due speed and that they want an
examination, ultimately, that will test on a job-
related basis, that will stand the onslaught in
Federal Court so that the men who study for this
examination and take it, pass high on the list,
will be appointed to their intended positions.

Commissioner Ciani, after conferring with Com-
missioner Siggins stated: "We are just pointing
out the irony in the POA asking us not to delay,
in view of the fact that I think the litigation
has been substantially delayed by actions of the
POA and the hiring has been delayed as a result
of that."

She then stated that she did not disagree with
the desires of the Association as far as getting
well qualified people for those positions. She
stated however, that she wanted to point out that
the test is pretty much within the jurisdiction
of the Civil Service Commission and the Chief has
stated that the Department is going to try to work
with them to be sure that the questions that are on
that test are fair and are job-related.

The matter was then put over for one week.

AYES: Commissioners Ciani, Gallegos, Hall
Siggins

NOT VOTING: Commissioner Murphy

REQUEST PERMISSION TO APPLY FOR AND ACCEPT AND INTE-
GRATED CRIMINAL APPREHENSION PROGRAM GRANT.

Chief Gain: "Mr. President, Members of the Commission,
we submitted to you some time ago a copy of the Grant,
Mr. Ray Galvan is here to speak to it to the extent
that if you want to ask questions. I would character-
ize the Grant in this way that it is a control emphasis

- 129 -

Grant which has as its purpose the hiring of some
experts the majority of whom will be persons from
wtihin the City and County of San Francisco in. order
to do some reviewing of our patrol operations to
implement, to establish and implement effective
training programs and that is where a great need
is within the police department. The upward goal
of which, of course, is to bring about more ef-
ficiency and effectiveness so that we can impact
upon the serious crimes that has been our goal for
over one year. There will be established, assuming
approval of this Grant, a committee comprised of
the patrol division's staff, reporting to the Deputy
Chief, we will have Sergeants, Lieutenants and Police
Officers who will be a committee that will make some
determinations and monitoring and will have on-going
imput into the Grant for the time it is in effect."

Mr. Galvan then spoke further in this regard stat-
ing that the Chief had pretty well described what
they were trying to accomplish. The Commission
then adopted the following:

RESOLUTION NO. 68-77

APPROVING AND AUTHORIZING THE DEPARTMENT OF POLICE
UNDER APPLICABLE PROVISIONS OF THE CITY CHARTER,
TO APPLY FOR, ACCEPT AND ADMINISTER A GRANT OF FUNDS
FROM THE LAW ENFORCEMENT ASSISTANCE ADMINISTRATION
FOR A PROJECT ENTITLED "AN INTEGRATED CRIMINAL AP-
PREHENSION PROGRAM."

BE IT RESOLVED, that the Police Commission
of the City and County of San Francisco does hereby
approve and authorize the Department of Police, under
applicable provisions of the City Charter, to apply
for, accept and administer, a grant of funds from the
Law Enforcement Assistance Administration, as follows

$282,521 For purpose of strenghtening

the Department's patrol div-
ision in Identifying, apprehend-
ing and supporting the prosecu-
tion of criminals.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RECOMMENDATION OF THE CHIEF OF POLICE TO ESTABLISH A
FIELD TRAINING AND EVALUATION PROGRAM BASED ON THE
CONCEPT THAT THE TRANSITION FROM ACADEMIC TRAINING
TO STREET PERFORMANCE REQUIRES THE MEDIATION AND
ASSISTANCE OF AN EXPERIENCED POLICE OFFICER.

Chief Gain: "Mr. President, if I may I would like to

130 -

invite, first of all, Lieutenant Koenig, Sergeant
Hebel, Lieutenant Klapp, to come forward and "take
a chair. If I may bj, way of prefacing this item,
there has been in the San Francisco Police Depart-
ment for approximately 11 years, a so-called Field
Officer Program, however, it has lacked substance
and structure. Basically, the Field Training
Officer Program is a continuation of the training
so that when a recruit officer goes to recruit
school he goes into recruit officer training. I
am very proud tonight to have Lieutenant Koenig,
Sergeant Hebel and Lieutenant Klapp here. In De-
cember some 20 sergeants undertook an 80 hour sup-
ervisory course for the purpose, bring among our
best and most experienced sergeants, of shaping
that course down so that in the future when we
hire or appoint sergeants they then would be sent
to a supervisory school that is competitive by POST
and has been undertaken as a pilot project with the
sergeants. So it was Mike Hebel, one sergeant,
Robert Geary, Dunnigan, Racine and police officer
Al Benner among the 20. They were there during that
80 hour course. They also undertook to evaluate
and eventually opted to recommend to us the adoption
of a totally revised field training officer program.
I went down to the academy and met with them, they
really undertook an ardous task and came up with
the concept . At that time they were so enthused
and dedicated to having a good sound Field Officer
Training Program that we established a committee.
These names are the ones on the committee and they
have spent just literally hours ever since that time
working day after day to develop a real sound Field
Training Officer Training Program which I am con-
vinced, as a result of their efforts, will be the
model for the State of California. What has hap-
pened within this state, the Oakland Police Depart-
ment years ago established a pretty good program,
San Jose Police Department established what has been
and is now the best. They borrowed from San Jose's
program and implemented and innovated and came up
with ours, so with your permission Lieutenant Koenig
will speak first. He is the Lieutenant that will
be in overall charge of the Field Training Officer
Program, Mike Hebel, the Chairman of the Committee,
will also speak to it and then Lieutenant Klapp will
have a few words . "

After hearing from the above-mentioned officers, Com-
missioner Siggins then Inquired as to whether there
was a final grade given to the recruit and was told
by Lieutenant Koenig that he would go before an Oral
Board for final judgment as to whether he was compe-
tent and qualified after this training. Commissioner
Hall inquired as to the kind of grading scale that
would be used. Lieutenant Koenig stated that they
would use a grading scale from one to seven with
four being the minimal acceptable performance. He
stated that anything under four would require a writ-
ten explanation as to why it was low, or anything
over six would require an explanation of why he was
so good.

Further discussion was held after which the Comission

- 131

adopted, a resolution approving the Field Training
Program in concurrence with item number 5 of the
Consent Agenda.

RESOLUTION NO. 69-77

HEARING OF ASSISTANT INSPECTOR PATRICK A. WOLFE,
BUREAU OF INSPECTORS

WHEREAS, the hearing of Assistant In-
spector Patrick A. Wolfe, Bureau of Inspectors,
was called, it having been set for this date; and

WHEREAS, it was requested by Mr. George
G. Walker, Attorney for the Defense, that the hear-
ing for Assistant Inspector Patrick A. Wolfe, be
continued to Wednesday, March 9, 1977; therefore
be it

RESOLVED, that the date for the hearing
of the disciplinary charges filed against Assistant
Inspector Patrick A. Wolfe, is set for Wednesday,
March 9, 1977 at 5:30 p.m., in Room 551, Hall' of
Justice .

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RECOMMENDATIONS OF THE TRAFFIC BUREAU APPROVED

RESOLVED, that the recommendations of
the Traffic Bureau on the installation of zoning
for the regulation of traffic on the public streets
be, and the same are hereby approved:

-423 PRESIDIO AVENUE - PRESIDIO MALL LTD

a) At 423 Presidio Avenue, revoke 8' to 32'
South of North Property Line.

382 - 18th AVENUE - R.E. HUCK CO. INC. - HELD OVER

a) At 382 - 18th Avenue, 22' to 17' to 38'
North of South Property Line. HELD OVER

4 59 VIENNA - APOSTOLIC GOSPEL CHURCH -ST. BARNABAS
EPISCOPAL CHURCH

a) At 459 Vienna Street, install a 44'

white zone from south property line to
44 ' north of same .

1390 LOMBARD STREET - KPIX ANNEX(2800 VAN NESS AVE)

HELD OVER

a) At 1390 Lombard Street, instalL an 8'
yellow zone to extend from 24' - 32'
west of east property line - (Horizontal
parking.) HELD OVER

AYES: Commissioners Ciani, Gillegos, Hall,
SIggins

NOT VOTING: Commissioner Murphy

REVOKED

RESOLVED, that the recommendation of the
Traffic Bureau on the revocation of 8 feet of yel-
low at that part of the City at the location sub-
mittted be, and the same is hereby approved.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RECOMMENDATION OF THE CHIEF OF POLICE THAT DEPUTY
CHIEF DONALD L. TAYLOR, FIELD OPERATIONS BUREAU,
BE GRANTED PERMISSION TO ATTEND A WORKSHOP ON POLICE
MANPOWER AND RESOURCES MANAGEMENT TO BE CONDUCTED BY
THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE,
IN DENVER, COLORADO, FROM MARCH 14, 1977 TO MARCH
18,1977, INCLUSIVE - DELETED FROM CALENDAR.

RESOLUTION NO. 64-77

AUTHORIZING ATTENDANCE OF LIEUTENANT ARTHUR D. O'KEEFE,
CRIME SPECIFIC TASK FORCE, AT AN UNUSUAL INCIDENTS AND
TACTICS TRAINING COURSE AT THE COLLEGE OF THE REDWOODS,
EUREKA, CALIFORNIA, FROM FEBRUARY 22, 1977 TO FEBRUARY
24, 1977, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Lieutenant Arthur D. O'Keefe,

133 -

Crime Specific Task Force, be detailed to attend
an Unusual Incidents and Tactics Training Course
at the College of the Redwoods, Eureka, California,
from February 22, 1977 to February 24, 1977, in-
clusive, be, and the same is hereby approved; and
be it further

RESOLVED, that expenses incurred by
Lieutenant Arthur D. O'Keefe, in a sum not to ex-
ceed $170.00 in attending this course, will be de-
frayed by the Police Department's Police Officer's

Training Fund

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 65-77

AUTHORIZING ATTENDANCE OF POLICE OFFICERS JAMES E.
LEACH AND VICKI QUINN AT AN ADVANCED HOSTAGE NEGOTATION
TRAINING COURSE AT SAN JOSE, CALIFORNIA, FROM FEB-
RUARY 18, 1977 TO FEBRUARY 20, 1977, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Police Officers James E. Leach
and Vicki Quinn be detailed to attend an Advanced
Hostage Negotiation Training Course at San Jose
State University, San Jose, California, from Feb-
ruary 18, 1977 to February 20, 1977, inclusive, be,
and the same is hereby approved;and be it further

RESOLVED, that expenses incurred by Police
Officers James E. Leach and Vicki Quinn in a sum not
to exceed $191.00 each in attending this course will
be defrayed by the Police Department's Police Officers'
Training Fund.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 67-77

AUTHORIZING ATTENDANCE OF TWENTY-FIVE FIELD TRAINING
OFFICERS TO ATTEND FIVE FORTY-HOUR SEMINARS AT A RE-
TREAT FACILITY IN WATSONVILLE, CALIFORNIA.

RESOLVED, that the recommendation of the

- 134 -

Chief of Police that twenty-five field training
officers be detailed to attend five forty-hour
seminars at a retreat facility in Watsonville,
California, be, and the same is hereby approved;
and be it further

RESOLVED, that expenses incurred in
conducting these seminars, in a sum not to exceed
$36,050.00 will be defrayed by the Police Depart-
ment's Police Officers' Training Fund.

AYES: Commissioners Ciani, Gallegos, Hall
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. . 66-77

AUTHORIZING ATTENDANCE OF POLICE OFFICER TIMOTHY L.
SIMMONS, INTELLIGENCE UNIT, AT A CONFERENCE IN VIC-
TORIA, BRITISH COLUMBIA, ON FEBRUARY 17, 1977 AND
FEBRUARY 18, 1977, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Police Officer Timothy L. Sim-
mons, Intelligence Unit, be detailed to attend a
Conference in Victoria, British Columbia, on Feb-
ruary 17, 1977 and February 18, 1977, inclusive,
be, and the same is hereby approved; and be it
further

RESOLVED, that expenses incurred by Police
Officer Timothy L. Simmons, Intelligence Unit, in a
sum not to exceed $242.00 will be defrayed by the
Police Department's Police Officers'1 Training Fund.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

WEEKLY SICK REPORT

Chief of Police Charles R. Gain submitted
a report of members of the Department 6ff duty due
to sickness and disability for the week ending Tuesday,
February 8, 1977 at 2400 hours as follows:

- 135 -

PREVIOUS WEEK

Daily average for the week

sick 80 78

Daily average for the week

disabled 87 98

TOTALS 167 176

This is a decrease of nine (9) members off duty
daily from the previous week.

Daily percentage for the week sick 4.02

Daily percentage for the week disabled 5.30

TOTAL 9.32

Disabled at start of week 96

Started during the week 13

Returned during the week 22

Disabled at end of week 87

Net Gain or Loss -9

SICK AND DISABLED FOR THE WEEK ENDING SATURDAY,
FEBRUARY 7, 1976 at 2400 HOURS

Daily average for the week sick
Daily average for the week disabled

TOTAL
Daily percentage for the week sick
Daily percentage for the week disabled

TOTAL 7.99

SICK AND DISABLED FOR THE WEEK ENDING TUESDAY,
JANUARY 18, 1977 AT 2400 HOURS

Daily average for the week sick 80

Daily average for the week disabled 112

TOTAL 192

Daily percentage for the week sick 4.03

Daily percentage for the week disabled 6 . 79

TOTAL 10.82

57

94

151

2.94

5.05

- 136 -

The report was ordered filed

AYES: Commissioners C'iani, Gallegos, Hall
Sie-gins

NOT VOTING: Commissioner Murphy

The Commission then adjourned its meeting

- 137 -

i

3 FEBRUARY 1977 >,' , RE'JULAR MEETING

rCduu4^

Th^Polict-.' Commission of the City and
County of^San Franc isco met In their chambers,
Room 551, Hall of Justice, 850 Bryant Street, on
Wednesday, February 23, 1977 at 1730 hours, in
regular session.

PRESENT: Commissioners Ciani, Gallegos , Hall,
Siggins

ABSENT: Commissioner Murphy

DOCUMENTS

APR 1 3 1977

Commissioner Siggins presiding. san francisco

POfeLIC LISRARY

PERMISSION TO APPLY FOR AND ACCEPT A GRANT ENTITLED
"MUNI SECURITY PROJECT."

Chief Gain stated to the Commission that the Department
had been working with the General Manager of the Muni-
cipal Railway System, with the Mayor's Office and with
certain members of the Board of Supervisors to develop
an acceptable and effective Muni Security Program. He
presented the Commissioners with written documenta-
tion on the Grant Proposal and then had Deputy Chief
Mullen review its contents. Deputy Chief Millen sta-
ted that he felt this plan was better than earlier plans
to augment the existing Muni Security Force. He si a-
ted that one of the ways that this plan differs from
the previous program is that in the past, transit ruards
were just guards. They were undertrained , ill equipped,
and supervised irregularly by different officers of
the police department. He stated this program provides
for six weeks of training including customer relations
on the Muni up to the level where they can be actually
sworn in by the Chief as limited peace officers. They
will have arrest powers and hence the change in desig-
nation from guards to Security Officers. Further dis-
cussion was held after which the following Resolution
was adopted:

RESOLUTION NO. 83-77

APPROVING AND AUTHORIZING THE DEPARTMENT OF POLICE
UNDER APPLICABLE PROVISIONS OF THE CITY CHARTER, TO
APPLY FOR, ACCEPT AND ADMINISTER A GRANT OF FUNDS
FROM THE LAW ENFORCEMENT ASSISTANCE ADMINISTRATION
ENTITLED "MUNI SECURITY PROJECT."

BE IT RESOLVED, that the Police Commission of
the City and County of San Francisco does hereby approve
and authorize the Department of Police, under applicable
provisions of the City Charter, to apply for, accept and
administer a grant of funds from the Law Enforcement

ministration; as folic-.-.

, "00 For the purpose of acquiring
personnel and equipment in
establishing an adequate se-
curity patrol for the San Fran-
cisco Municipal Railway System.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

Chief Gain then stated that he would like to commend
Deputy Chief Mullen, Deputy Chief Taylor, Lieutenant
Lennon and other Staff members who worked Friday,
Saturday, Sunday and Monday, a Holiday, to put this
proposal together. They did an excellent job.

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "Mr. President, Members of the Commission,
we submitted to you in writing a report due to you In
regards to preferential appointments on the basis of
language skills. I submitted that letter to you, it
was compiled by Officer DeFilippo." The Chief then
asked Officer DeFilippo to go over the report with
the Commissioners.

Officer DeFilippo: "The basic question that was pre-
sented by the Commission was whether or not the Chief
possessed the ability to go to the various positions
on the eligible list at the entry level and accelerate
the hiring of those \^pers>oas --Who .. ha1 d^bi- lingual '.skills .
Now, if you recall, there was a verbal representation
by one of the Deputy City Attorney's and he felt this
process would be available under the exempt waiver.
A subsequent written opinion from the City Attorney's
Office; seemed to have changed that situation. The
exempt waiver provides that if a person who is next
ranking on the list would agree to waive his appoint-
ment to allow someone else to be appointed ahead of
him then that would not be counted against him as a
waiver. The chances of having someone waive his posi-
tion on this list would be almost nil. So the exempt
waiver procedure to get the bi-lingual persons in off
the list other than their rank order would not be
available. "

Commissioner Siggins: "That is because of at the
time the examination was announced it was not a
part of the scope, is that correct?"

Officer DeFilippo: "That is correct. We did have

139

that same type of process in the examination given
for Communications Dispatchers about two (2) years
ago and the notice did contain the provisions that
persons with bi-lingual skills would be given pre-
ference. In that case several persons were taken
out of order who possessed the bi-lingual skills,
but in the announcement for the Q2 entry level there
were no such provisions."

Commissioner Ciani had asked whether or not an
additional test could be given to establish an-
other list now?

Officer DeFilippo responded that it is the opinion
of the Civil Service and the City Attorney that one,
in fact, could be given but no appointments could
be made off that list until the current list is
either exhausted or expired.

Commissioner Ciani: "Is that a written opinion of
the City Attorney?"

Officer DeFilippo: "No., that is a verbal opinion,
Commissioner. "

Commissioner Ciani: "I thought we were going to get
a formal opinion on that. I don't understand why
you would be allowed to give a test and not be able
to make appointments from it, if you could establish
a separate classification pursuant to which you give
the test . "

Officer DeFilippo: "Well, it was my understanding
Commissioner, your question was whether or not a
person could be appointed a Q2 Police Officer."

Commissioner Ciani: "Well call them Q3 or call them
something else. They would be Police Officers who
would be qualified in every respect as other police
officers are and would also be required to have lang-
uage skills . "

Officer DeFilippo: "Well, we could request a City
Attorney's Opinion on that particular aspect. Now
the Chief's letter does discuss two other possibili-
ties with which the Commission might avail upon it-
self. The first would be a request that the Mayor
find that an emergency exists because of the lack
of bi-lingual skills and then present that to the
Board of Supervisors and ask them to concur In that
opinion and then give him the authority to abandon
the Charter provisions requiring the rank order
appointments and make the appointments off the list
on the basis of bi-lingual skills. The second al-
ternative is the commission could request that the
Civil Service Commission direct the City Attorney
to present the issue to the Federal Court who has
jurisdiction in the matter because of the pending
law suit and see if the Federal Court can super-
cede the suspending of the Charter provisions."

- I'm -

Commissioner Si.t gins : "I would hate to :>;o ahead
with this if the list did not contain a signifi-
cant '-.mount of 1 i-lingual persons."

Chief Gain: "The kind we had in mind were ;hose
who are Chinese, who were actually given language
tests to make sure that they could speak Chinese."

Commissioner Gallegos : "Certainly we need to
assess that list and we need to assess our cur-
rent capabilities and where we have personnel
assigned in these various areas. And I think
we need to find out, for example, from the various
community groups exactly where they think there
are gaps. I think the Chinese Affirmative Action
did point out where there might be gaps according
to shifts and so on and we might just invite their
comments at an early date so that we can kind of
resolve it rather than move for any one of the al-
ternatives presented to us."

Commissioner Ciani : "Well, my concern is that we
not slow the thing down by just sending this letter
out and passing the buck. I think we ought to con-
tinue, concurrently examining the list."

Chief Gain: "We will examine the list to the ex-
tent that we can."

Commissioner Gallegos: "I would hope that we could
get an early reply."

Chief Gain: "net's try to get a reply for next
week. We will assess that list, talk to Civil
Service and find out who they are, or how many there
may be, Spanish speaking, etc."

Commissioner Ciani: "And we will also pursue the
City Attorney's opinion on the possibility of the
separate test?"

Officer DeFilippo : "Very well

LIEUTENANT PRANK JORDAN RE: HIRING PROCEDURES FOR
CITIZENS SAFETY PROJECT.

Lieutenant Frank Jordan stated to the Commission that
he had with him today the civilian coordinator from
the Citizens Safety Project, Mr. Henry Izumizaki,
who will also speak. He stated that the selection
process started with newspaper advertisements In the
lanai sections of the Examiner and Chronicle and then
individual letters were sent to neighborhood organ i -
zations within the districts. They then screened ap-
plicants through a coalition of neighborhood organ' ;a-
tions within that district and finally the finalisl
were further screened by an oral board by the Citi: ens
Safety Task Force Screening Committee which Is made

14 1 -

up of the Mayor's Criminal Justice Council. He
stated also that he had a list of the names of
the people on that particular screening committee.
After reading the names, he then said that Mr.
Izumizaki may want to further elaborate. Mr.
Izumizaki stated that he would just say that in
certain areas that tiie process varies depending
on the ^exuberance of the people in the neighborhood
Visitation Valley, for instance, he said handle
theirs through an 11 person advisory committee
who selects four from those persons to give oral ■
interviews. Then the Valley selected four people
to be referred to the Mayor's Criminal Justice
Council. In the Mission, 125 letters went out and
the result was an eleven (11) person screening and
advisory committee. That Committee screened 15
applicants and presented three for consideration
to the Mayor's Criminal Justice Council. That is
an example of what is going on. Obviously, there
are a number of other preferences involved in the
screening of applicants and I think that San Fran-
cisco residency is a pre-requisite . We are look-
ing, obviously, for the most qualified person. We
are very definitely looking for minority represen-
tation, women and bi-lingual skills."

Lieutenant Jordan: "The thing that I would -like
to add is that now we are presently screening ap-
plicants for four districts. The outlying districts
of the Richmond, Taraval , Ingleside and Park. Those
are the four that are left."

Commissioner Ciani : "How much do you pay these
persons?"

Lieutenant Jordan: "Well, the neighborhood coordi-
nator is $13,000 per year."

Commissioner Gallegos: "I think that the process
is commendable because it is also a way of helping
the public to get invovled and the results are
speaking for themselves."

Commissioner Siggins then thanked Lieutenant Jordan
and Mr. Izumizaki for their presentation.

RECOMMENDATIONS OF THE AWARDS COMMITTEE

Commissioner Gallegos: "I would like to recommend
to the Commission approval of the officers named
for these awards with one exception and for that
one I would like to recommend an upgrading. There
is one particular application which was voted to
receive a Silver Medal Award ■ and based upon the
closeness of the vote-, I am recommending that the
Commission increase that Award to a Gold. The

142 -

situation is such that I think it really deserv
that kind of reconsideration by the Commission and
it is not a very long statement for the nomination
so I would like to have Sergeant Frazier read it."

Commissioner Ciani : "Could I understand first
what the vote was for silver as opposed tc gold?"

Commissioner Gallegoo: "There was a vote for 9
gold and 6 silver. Of the 15 'votes cast the award
as it turned out was to have been a Silver- Award
and I am recommending that you upgrade it to a Gold
Would you read it Sergeant Frazier so that we could
get some appreciation of the situation."

After the reading of the application, Comnissioner
Gallegos stated: "These two particular officers
had only approximately two weeks of training in di-
ffusing bombs and there were grave risk involved.
They certainly saved the lives of a lot of inno-
cent people as well as the preservation of property."

The Commission then voted the approval of the awards
as follows:

RESOLUTION NO. 76-77

RESOLVED, that the following-named members
of the Police Department, be, and they are hereby
granted Awards of Valor - Gold Medal, Silver Medal,
Bronze Medal, and Meritorious Conduct Awards under
the provisions of Section 5. 119 of the Rules and
Procedures of the San Francisco Police Department
as approved by the Awards Committee on Friday ,
February 18, 1977:

^Assistant Inspector George E. Matelli . . . Gold Medal of Valor
^Assistant Inspector James J. Molinari . . . Gold Medal of Valor

Police Officer Larry A. Piol Silver Medal of Valor

Sergeant Arthur W . Gerrans Bronze Medal of Valor .

Sergeant Charles E. Hoenisch Bronze Medal of Valor

Assistant Inspector Anatole Balmy Bronze Medal of Valor

Assistant Inspector Edward J. Dennis .... Bronze Medal of Valor

Assistant Inspector Edwin M. Kenney Bronze Medal of Valoi

Police Officer Gregory A. Beatty Bronze Medal of Valor

Police Officer Charles M. Collins Bronze Medal of Valor

Police Officer Dennis- M. Costanzo Bronze Medal of Valor

J. >\ 3

Police Officer William P. Dyer Bronze Medal of Valor

Police Officer Daniel J. Foley bronze Medal of Valor

Police Officer Robert J. Geary Bronze Medal of Valor

Police Officer Gabriel P. Harp Bronze Medal of Valor

Police Officer William P. Kidd Bronze Medal of Valor

Police Officer Ross E. Laflin. Bronze Medal of Valor

Police Officer Peter R. Maloney .... Bronze Medal of Valor

Police Officer Vincent C. Neeson. .. Bronze Medal of Valor

Police Officer Robert J. Rodriguez . Bronze Medal of Valor

Police Officer David R. Seyler Bronze Medal of Valor

Police Officer John A. Sterling .... Bronze Medal of Valor

Police Officer Scott Thomas (resign-
ed)..Bronze Medal of Valor"

Police Officer Kenneth J. Waite .... Bronze Medal of Valor

Police Officer Patrick J.White Bronze Me-dal of Valor

Inspector James P. Deasy Meritorious Conduct Award

Inspector Richard R. Duane Meritorious Conduct Award

Inspector Edward J. ERdelatz Meritorious Conduct Award

Inspector Frank J. Falzon Meritorious Conduct Award

Inspector Joseph D. O'Sullivan -

(resigned) Meritorious Conduct Award

Police Officer Michael C. Cof fey , . .Meritorious Conduct Award

Police Officer Reagan E. Howe Meritorious Conduct Award

Police Officer Steven R. Silvers .. .Meritorious Conduct Award

Police Officer Joseph L. Vigil Meritorious Conduct Award

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

^Changed from Silver Medal of Valor to Gold Medal of
Valor on recommendation of the Police Commission.

The Commission then set March l6th as the date to pre-
sent Medals and Certificates to the above-named officers

- 144 -

RESOLUTION WO. '7-77

REWARDS GRANTED TO MEMBERS OF THE POLICE DEPARTMEN .

WHEREAS, the following-named members of
the Police Department have been commended for cour-
ageous service under the provisions of Section 5.119
of the Rules and Procedures of the San Francisco
Police Department at a meeting of the Police Com- '
mission held on Friday, February 18, 1977; and

WHEREAS, Chief of Police Charles R. Gain
has recommended to the Police Commission that the
said members be rewarded under the provisions of
Section 8.405(a) of the Charter of the City and
County of San Francisco; therefore be it

RESOLVED, that Assistant Inspectors George
E. Matelli and James J. Molinari, be, and they are
hereby awarded Gold Medals of Valor and granted a
reward of $200.00 each as provided for under said
section of the Charter: and be it further

}

RESOLVED, that Police Officer Larry A PIol,
be, and he is hereby awarded a Silver Medal of Valor
and granted a reward of $100.00 as provided for under
said section of the Charter; and be it further

RESOLVED, that Sergeant Arthur W. Gerrans
and Sergeant Charles E. Hoenisch, Assistant Inspec-
tors Anatole Balmy, Edward J. Dennis, and Edwin
M. Kenney, and Police Officers Gregory A. Beatty,
Charles M. Collins, Dennis M. Costanzo, William P.
Dyer, Daniel J. Foley, Robert J. Geary, Gabriel P.
Harp, William F. Kidd, Ross E. Laflin, Peter R.
Maloney, Vincent C. Neeson, Robert J. Rodriguez,
David R. Seyler, John A. Sterling, Scott Thomas(re-
signed), Kenneth J. Waite, and Patrick J. White, be,
and they are hereby awarded Bronze Medals of Valor
and granted a reward of $50.00 each as provided for
under said section of the Charter; and be it further

RESOLVED, that Inspectors James P. Deasy,
Richard R. Duane , Edward J. Erdelatz, Frank J. Falzon,
Michael C. Coffey, Reagan E. Howe, Steven R. Silvers,
and Joseph L. Vigil, be ,and:.they are hereby awarded
Meritorious Conduct Awards, and granted a reward of
$50.00 each as provided for under said section of the
Charter .

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

145

RESOLUTION NO. 73-77

PATROL SPECIAL OFFICER CARL E. SCHADE - REVOKED

WHEREAS, Patrol Special Officer Carl E.
Schade, due to unaviodable illness was unable to
appear before 'the Police Commission, granted full
Power of Attorney to Patrol Special Officer John
E. Bain to represent him at the Police Commission
hearing; therefore be it

RESOLVED, that the request of Patrol
Special Officer Carl E. Schade to have Patrol
Special Officer John E. Bain represent him with
full Power of Attorney at the Police Commission
hearing, be, and the same is hereby approved;
and be it further

RESOLVED, that the appointment of Patrol
Special Officer Carl E. Schade, owner of Beat No.
105, Richmond Police District, be, and the same is
hereby revoked effective February 13, 1977, he hav-
ing sold his beat to Patrol Special Officer "William
R. Barnhart .

AYES: Commissioners Ciani, Gallegos
Hall, Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 79-77

PATROL SPECIAL OFFICER WILLIAM R. BARNHART -
APPROVED

RESOLVED, that William R. Barnhart, be, and
he is hereby appointed Patrol Special Officer for
Beat No. 105, Richmond Police District; said appoint-
ment effective February 23, 1977, he having purchased
Beat No. 105, Richmond Police District, from Carl E.
Schade .

AYES: Commissioners Ciani, Gallegos, Hall
Siggins

NOT VOTING: Commissioner Murphy

146

BIBLIOGRAPHY FOR PROMOTIVE EXAMINATION FOR
LIEUTENANT OF POLICE

Chief Gain: "Mi-. President, Members of the, Com-
mission, just tc review this breif ly , we submitted;
the Commission submitted a Bibliography to the
Civil Service Commission and that Bibliography
was rejected by the Civil Service^ Commission and
sent back to the Police Commission for reconsid-
eration. As I related last week the President
of the Civil Service Commission statod that upon
reconsideration, that the Commission would be wil-
ling to accept the Bibliography as had been sub-
mitted by the Police Commission or any reduced
number of books. That I was to confer with Civil
Service and report back tonight. I conferred
with Civil Service Staff and Mr. John DeSoto re-
lated to me aftor reviewing the Bibliography as
I requested, that the number of books on the
subject matter were appropriate in his professional
judgment for a Lieutenant-' s Examination. Therefor 3
I recommend to the Commission to direct the Sec-
retary of the Commission to prepare a letter to
the. _ Civil Service Commission stating that the Com-
mission wants the Bibliography as submitted adopted
by the Civil Service Commission."

Further discussion was held on the matter after
which the Commission voted to approve the list
and resubmit it to the Civil Service Commission,

RESOLUTION NO. 80-77

ASSISTANT INSPECTOR PATRICK A. WOLFE, BUREAU OF
INSPECTORS - FIRST AMENDED COMPLAINT

WHEREAS, a First Amended Complaint was
filed against Assistant Inspector Patrick A. Wolfe
as follows :

SPECIFICATION NO. 1

Deleted in its entirety.

SPECIFICATION NO . 2 (ADDED)

Alleging drinking intoxicating
beverages while on duty. (Violation
of Section 2.125 of the Rules and
Procedures . )

SPECIFICATION NO. 3 (ADDED)

Alleging a false answer to a
Superior Officer. (Violation
of Section '2.49 of the Rules
and Procedures.)

- 147

SPECIFICATION NO. H (ADDED)

Alleging Failure to answer questions
truthfully while under oath. (Viola-
tion of Section 2.13 of the -iules and
Procedures . )

by Charles R. Gain, Chief of Police; therefore be
it

RESOLVED, that the hearing before the Police
Commission on charges filed against Assistant Inspec-
tor Patrick A. Wolfe, Bureau of Inspectors, be, and
the same is hereby set for Wednesday, -larch 9, 1977
at 5:30 p.m., in Room 551, Hall of Justice.

AYES: Commissioners Ciani, Gallegos,
Hall, Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 81-77

REQUEST OF TRAFFIC C0NTR0LMAN BRUTES BRENT, TRAFFIC
BUREAU, TO APPEAL FIVE (5) WORKING DAYS SUSPENSION.

WHEREAS, a communication was received
from Charles R. Gain, Chief of Police, officially
notifying the Police Commission of the suspension
of Traffic Gontrolman Brutes Brent, Traffic Bureau,
for a period of five (5) working days, effective
at 0001 hours on Wednesday, February 16, 1977, and
terminating at 0001 hours, Wednesday, February 23,
1977; and

WHEREAS, a communication was received from
Traffic Controlman Brutes Brent, Traffic Bureau, re-
questing a hearing before the Police Commission in
accordance with Section 5.160 of the Rules and Pro-
cedures of the San Francisco Police Department, to
appeal his disciplinary suspension for a period of
five (5) working days by Charles R. Gain, Chief of
Police; therefore be it

RESOLVED, that the request of Traffic Con-
trolman Brutes Brent, Traffic Bureau, for a hearing
before the Police Commission to appeal his suspension
by Charles R. Gain, Chief of Police, for a period of
five (5) working days, effective at 0001 hours, Wed-
nesday, February 16, 1977, and terminating at 0001
hours, Wednesday, February 23, 1977, be, and the same
is hereby set for Wednesday, March 16, 1977 at 5:30
p.m., in Room 551, Hall of Justice.

AYES: Commissioners Ciani, Gallegos, Hall,
• Siggins

NOT VOTING: Commissioner Murphy

148 -

RESOLUTION MO. 82-77

HEARING OP SENIOR CLERK-TYPIST JOANNE COYNE, BUREAU
OP SUPPORT SERVICES.

WHEREA.S, the hearing of Senior Clerk-Typist
Joanne Coyne, Bureau of Support Services, was called,
it having been set for this date; and

WHEREAS, it was requested by Sergeant David
P. Roche, Legal Officer, that the hearing for Senior
Clerk-Typist Joanne Coyne, be continued to Wednesday,
March 2, 1977, as we were unable to contact her due
to a discrepancy in her address; therefore be it

RESOLVED, that the date for the hearing of
the disciplinary charges filed against Senior Clerk-
Typist Joanne Coyne, is set for Wednesday, March 2,
1977 at 5:30 p.m., in Room 551, Hall of Justice.

AYES: Commissioners Ciani, Gallegos , Hall,
Siggins

NOT VOTING: Commissioner Murphy

RECOMMENDATIONS OP THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendation of the
Traffic Bureau on the installation of zoning for
the regulation of traffic on the public streets, be,
and the same are hereby approved:

180 STILLMAN STREET - SAN FRANCISCO CASH REGISTER CO

a) At 180 Stillman Street, install a
40' yellow zone, to extend from
100' - 140' east of 4th Street.

473 BRYANT STREET - ACE VENETIAN BLIND CO.

a) At 473 Bryant Street, revoke 24'
yellow zone, and install a 24'
green zone, to extend from 7' -
31' west of east building line.

3318 - 20th STREET - GEORGE REHN PLUMBING COMPANY

a) At 3318 - 20th Street, revoke existing
18 ' green zone, and install 22' yellow

- ]>

zone, to extend from 94' -
lib' west of east building line

100 TARAVAL STREET - GOLD MIRROR RESTAURAIl.'

a) At 800 Taraval Street, install a

22' white zone, to extend from 1(1'
32' west of east property line.

1360 LOMBARD STREET - KPIX ANNEX

a) At 1360 Lombard Street, revoke
existing 16' yellow zone, which
extends from 7 V - 90' east of
west property line of #1360 - and
install an 8' yellow zone, to extend
from 9' - 17' east of west property
line of #1360.

382 - 18th AVENUE - R. E. HUCK CO. 'INC

a) At 382 - 18th Avenue, install a 22-'
blue zone from 17' to 38' north of
south property line.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

REVOKED

RESOLVED, that the recommendations of the
Traffic Bureau on the revocation of 58 feet of yel-
low and green zones at the various parts of the City
at the locations submitted, be, and the same are here-
by approved.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RETIREMENTS

Communications were received from the Retire-
ment Board officially notifying the Police Commission
of the retirement of the following-named members of the
Police Department:

a) Deputy Chief of Investigations, Mortimer
F. Mclnerney, for service, effective
February 1, 1977-

150

b) Lieutenant. Daniel J. Shannon, Personnel
& Training, for service, effective Feb-
ruary 1, ] 977-

c) Lieutenant Bernard L. Shea, Juvenile

Bureau, for service, effective January
31, 1977.

d) Sergeant Frank J. Parent!, Taraval

Police Station, for "service, effective
February 8, 1977-

e) Inspector Clifford Bianculli, Bureau
of Inspectors, effective February
lb, 1977-

The communications were ordered filed

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLTUION NO. 70-77

JOHN BURKE AND MARY H. OLSON

RESOLVED, that the recommendation of the
City Attorney for settlement of unlitigated claim
of John Burke and Mary H. Olson against the City and
County of San Francisco in the sum of $848.50 as the
result of a collision with a police vehicle, be, and
the same is hereby approved.

Date of Accident: January 20, 1976

AYES: Commissioners Caini, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 71-77

JOSEPH RIVERA, ET AL

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Josephine
Rivera, et al . , in the sum of $2,192.02 in a Judgment

151

award ?d for damages sustained, and compromise of
Municipal Court Action No. 734-547, be, and the
same is hereby approved.

Date of Incident: December 4, 1973

AYES: Commissioners Ciani, Gallegos,
Hall, Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 72-77

WILLIAM MAXWELL, ET AL

RESOLVED, that the recommendation of the
City Attorney for settlement of litigation of William
Maxwell, et al., in the sum of $25,000.00 in Superior
Court Action No. 680-120 entitled "William Maxwell-,
et al . , v. City and County of San Francisco, a muni-
cipal corporation, et al . , " as the result of damages
sustained, be, and the same is hereby approved.

Date of Incident: May 31, 1972

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 73-77

AUTHORIZING ATTENDANCE OF CHIEF OF POLICE CHARLES R.
GAIN AND CAPTAIN GERALD SHAUGHNESSY, NARCOTICS BUREAU,
AT TEH FIFTH INTERNATIONAL EXECUTIVES NARCOTICS CON-
FERENCE IN PHOENIX, ARIZONA, FROM MARCH 6, 1977 TO
MARCH 8, 1977, INCLUSIVE.

RESOLVED, that pursuant to the provisions
of Ordinance 4567, Chief of Police Charles R. Gain
and Captain Gerald Shaughnessy, Narcotics Bureau, be,
and they are hereby granted permission to attend the
Fifth International Execuitves Narcotics Conference to
be held in Phoenix, Arizona, from March 6, 1977 to
March 8, 1977, inclusive; and be it further

RESOLVED, that a sum not to exceed $301.00
each will be defrayed by the Police Department's Travel
Expense Fund and the Federal Drug Enforcement Adminis-
tration will re-imburse the Department for coach-class
travel expenses.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

- 1'

RESOLUTION NO. 74-77

AUTHORIZING ATTENDANCE OF LIEUTENANTS .WILLIAM D<. ■ FTVA:
JOHN ... GUENLEY, EDWA;,D H. HARTMAN, AND RICHARD J.
SHIPPY AT A MIDDLE MANAGEMENT COURSE AT HUMBOLDT
STATE JNIVERISTY, KELSEYVILLE, CALIFORNIA FROM
MARCH2/, 1977 TO APRIL 8, 1977, INCLUSIVE'

RESOLVED, that the recommendation of the
Chief of Police that Lieutenants William. D . ■ Rivas ,
John E. Guenley, Edward H. Hartman, and Richard J.
Shippy, be detailed to attend a Middle Management
Course at Humboldt State University, Kelst yville ,
California, from March 27, 1977 to April 8', 1977,
inclusive, be, and the same is hereby approved;
and be it further

RESOLVED, that expenses incurred by Lieuten-
ants. William-. D , . Rivas John E. Guenley, Edward H.
Hartman, and Richard J. Shippy, in a sum not to ex-
ceed $800.50 each will be defrayed by the Police De-
partment's Police Officers' Training Fund.

AYES: Commissioners Ciani, Gallegos, Hall,
Sigr;ins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 84-77

AUTHORIZING ATTENDANCE OF POLICE OFFICERS DAVID K.
SUYEHIRO AND MICHAEL F. PEARSON AT A FIELD EVIDENCE
TECHNICIAN TRAINING COURSE AT CALIFORNIA STATE UNI-
VERSITY, LONG BEACH, CALIFORNIA, FROM MARCH 8, 1977
TO MARCH 25, 1977 ^ INCLUSIVE. ___

RESOLVED, that the recommendation of the
Chief of Police that Police Officers David K. Suye-
hiro and Michael F. Pearson be detailed to attend a
training course at Californi State University, Long
Beach, California, from March 8, 1977 to March 25,
1977, inclusive, be, and the same is hereby approved;
and be it further

RESOLVED, that expenses incurred by Police
Officers David K. Suyehiro and Michael F. Pearson,
in a sum not to exceed $971.00 each, will be defray-
ed by the Police Department's Police Officers' Train-
ing Fund .

AYES: Commissioners Ciani, Gallegos, Hal],
Sigg i ns

NOT VOTING : Commissioner ' Murphj

- ]

RESOLUTION NO. 75-77

REQUEST FOR SUPPLEMENTAL APPROPRIATION

RESOLVED, tiiat the Controller be, and he
is hereby requested to draw a Supplemental Appro-
priation in the amount of $18,112.00 from the fol-
lowing appropriation number In the amount shown:

Appropriation No. 6 . It 1 . 06l . 000 . 000 -

Permanent Salaries-Uniform Force $18,112

and credit it to the following appropriation in the
amount indicated:

Appropriation No. 6 . lbl . 06l . 000 . 000-

Grant Match $18,112

to provide funds for the City's Match to Muni Secur-
ity Program.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

WEEKLY SICK REPORT

Chief of Police Charles R. Gain, submitted
a report of members of the Department off duty due
to sickness and disability for the week ending Tues-
day, February 15, 1977 as follows:

PREVIOUS WEEK

Daily average for the week sick 73 80

Daily average for the week dis-
abled 84 87

TOTALS 157 167

This is a decrease of ten (10) members off duty
daily from the previous week.

Daily percentage for the week sick 3.6l

Daily percentage for the week disabled 5 . 13

TOTAL 8.74

- 154

ab ed at sta *t of week
Started during ".he wee :
Returned during the week
.ed at end of wee :

Net Gin or Los.;

c [
1 2
12

87
0

SICK AND DISABLED FOR THE WEEK ENDING SATURDAY,
FEBRUARY 14, 1976 AT 2400 HOURS

Daily average for the week sick
Daily average for the week disabled

TOTAL
Daily percentage for the week sick
Daily percentage for the week disabled

TOTAL

49

99

148

2.62

5.45

8.07

SICK AND DISABLED FOR THE WEEK ENDING TUESDAY
FEBRUARY 1, 1977 AT 2400 HOURS

Daily average for the week sick
Daily average for the week disabled

TOTAL
Daily percentage for the week sick
Daily percentage for the week disabled

TOTAL

84
91

175
4.20
5.54
9.74

The report was ordered filed

The Commission then adjourned its meeting

2 MARCH 1977 /,' . REGULAR MEETING

^ ^ Huuuua — ■ — —

Tne^Police Commission of the City and
County cf^-San Francisco, met in their chambers,
Room 551, Hall of Justice, 850 Bryant Street, on
Wednesday, March 2, 1977 at 1730 hours, in regular
session .

-PRESENT: Commissioners Ciani, Hall, Siggins

DOCUMENTS

ABSENT: Commissioners Gallegos, Murphy APR 1 3 ,
Commissionr Siggins presiding..

The members of the Commission, having
been furnished copies of the minutes of the meeting
of January 26, 1977, and the Commissioners not hav-
ing sufficient time to peruse, approval of same was
continued for one week.

AYES: Commissioners Ciani, Hall, Siggins
NOT VOTING: Commissioner Gallegos, Murphy

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "Mr. President, Members of the Commis-
sion, I have two items .tonight : 1.- You gave approval
for me to go to Phoenix Sunday, Monday and Tuesday,
but I would like to report that I will not be going
to Phoenix, I will be staying: here. Secondly, last
week, several questions were asked of staff regarding
the hiring of. persons and where they are assigned and
with your permission I would like to have Deputy Chief
Mullen report to you to the extent that we completed
the project that you requested.

Chief Mullen: "Mr. President, Commissioners, the
first question was how many bi-lingual persons were
on the remainder of the Q2 list, the response to that
specific question is that Civil Service has told us
that they are going to, for some reason, require a
letter from us before they will answer that question.
We are sending a letter to them. I believe you re-
ceived a memorandum that includes several attachments,
but we do have here a list that was compiled in Jan-
uary of the racial breakdown and the sex breakdown of
the remainder of the Q2 list. We are sending the let-
ter to Civil Service and we will get a response on the
linguistic capabilities of the remainder of the list.
The second question put to us was to identify the lo-
cation of all bi-lingual people in the Department or-
ganizationally in the Department now botii CETA and
regular employment . The third page of the handout
that you have shows that the total linguistic persons
are inventoried by assignment. I can read it to you
if you wish. It is rather extensive, it goes through

- 156

all of the organizat 1 ona] units an shows the dis-
tribution of the various persons. rhat is the re-
sponse to that question. Additionally, you asked
to identify people wl o had previously, under Depart-
ment programs, recei\ed Spanish language training
and also Chinese language training and to what ex-
tent are they requirel schooling, coaching and do
they presently use the language sk 11 that they have
gained. We are in the process of ."dentifying where
they are now organizationally. Th s was a program,
one of which was run through the district station,
so it is a question of locating whe re they are and
then we will, by quer tionnaire , as! then to what
extent they attained fluency and to what extent
this assist them in their job."

Commissioner Ciani: "Were we also going to get a
report, I believe, or the efficacy of non-chinese

studying Chinese?"

Deputy Chief Mullen: "That is part of this to the
extent that they acquired fluency and the extent
to which they are able to put it to use. The only
people who really know that are the people who did
acquire those skills."

Commissioner Ciani: "You could also ask some pro-
fessional or academic types that question. It may
be that these particular people didn't have the
proper training and there may be courses available
which might be more successful than the ones these
people took. What you have done, doesn't really
answer the question: how feasible is it to have
some of our existing officers trained in Chinese
language skills? Also, I thought we were going to
contact the Chinese Community and try to get a
breakdown on the dialects or the types of language
skills that are needed in the Chinese Community,
Mandarin as opposed to Cantonese as opposed to dia-
lects of the two."

Chief Gain: "We will do that. That concludes
our report . "

RESOLUTION NO. 9^-77

PATROL SPECIAL OFFICER FIORE J. GIANNINI - REVOKED

RESOLVED, that the appointment of Fiore J.
Giannini for Beat No. 69, Mission Police District,
be, and the same is hereby revoked effective March
2, 1977, he having sold his beat to Assistant Pat-
rol Special Officer Dan S. Morris.

AYES: Commissioners Ciani, Hall, SIggins

NOT VOTING: Commissioners Gallegos, Murphy

157 -

RESOLUTION NO. 95-77

PATROL SPECIAL OFFICER DAN S. MORRIS -APPROVED

RESOLVED, that Dan S. Morris, be, and
he is hereby appointed a Patrol Special Officer
for Beat No. 69, Mission Police District; said
appointment effective March 2, 1977, he having
purchased Beat No. 69, Mission Police District,
from Fiore J. Giannini .

AYES: Commissioners Ciani, Hall, Siggins
NOT VOTING: Commissioners Gallegos, Murphy

PUBLIC HEARING TO DETERMINE IF PUBLIC CONVENIENCE
AND NECESSITY EXISTS FOR THE ISSUANCE OF A LIMOUSINE
PERMIT. APPLICANT :LAFRANCE GRAVES AND ALICE MARIE
GRAVES .

"•President Siggins, Members of the Board, James J.
Reilly appearing as council on behalf of Mr. and
Mrs . Graves . "

Commissioner Siggins: "LaFrance Graves and Alice
Graves applied for a Limousine Permit really on a
specialized basis to operate a shopping service,
is that correct?"

Mr. Reilly: "The purpose of this particular service
is to pick up people from their homes, bring them
down to the shopping center, take them back to their
homes and carry their packages into the house. Now
they operated this service in October of 1975 for
one month. They have gone down to the City Hall
and to the Hall of Justice and asked if they needed
a permit for this type of operation and they were
told it was not necessary. For the month of October,
1975, the low income area that they are in, they
were carrying disabled, lame, blind, injured people,
to and from shopping centers and carrying the pack-
ages into the homes. There are no other services
like this in San Francisco. They were told by the
Police however, that they needed a permit. They
spent the following year trying to determine what
kind of permit would be necessary and the City At-
torney's Office was requested and rendered an Opin-
ion in which they stated that this would be covered
by a Limousine Permit. We thereupon went through -
various procedures to file the application and gain
the necessary permit finally going before the Board
of Permit Appeals and certain procedures which may
be irrelevant right now and then coming before this
Board upon notice for this Hearing of Public Conven-
ience and Necessity. 'Now I have with me three people

158

who participated in the services of October 1975,
and I have also filed the affidavits of the de-
clarations of several people who requests the need
and necessity for this particular type of service.
Some examples for instance, Mr. Miller who is a
senior citizen partially paralyized, does not drive
and the only transportation available is the bus .
and taxi service of the Graves. It is difficult
to get a taxi to service him because of his being
in a low income area. The taxis won't respond
and I imagine with the Yellow _Cab problem there
would be less response there if there ever was a
response. There are other declarations on file for
various reasons, 'taxi service won't come pick me up.
When LaKeg's Shopping Service was available, I
went grocer,/ shopping.' Mrs. Martin has only one
car available in the family, the children are in
school and she had to use the LaKeg's Shopping Ser-
vice. Beverly Johnson in a low income area, she
used the service because she had no other means
of transportation. So it is obvious from the de-
clarations that I have filed and it is obvious
to anybody who lives in San Francisco and knows
this town at all and the realities of this city,
this type of service is not only convenient and
necessary but it is something that should be sup-
plied. There has been in the past a $120,000
dollar grant for this kind of service that was
given by the Government to the Cannon Kip Organi-
zation at 72 Natoma Street, which was not successful,
or at least I haven't heard whether it was success-
ful or not but it went out of operation. However,
I would like to ask briefly for three people to
come up and give their reasons if the Board wishes
to hear this, why they feel this is so necessary."

Commissioner Siggins : "Are these the people whose
declarations are on file?"

Mr. Reilly: "No, these are three others

Commissioner Siggins: "Well, first of all is there
going to be opposition to this?"

Chief Gain then stated that Officer Seybold, as-
signed to the Legal Office, representing the Police
Department would speak.

Officer Seybold: "The problem as I see it in the
granting of this particular permit in this type of
operation is first of all they are requesting a
Limousine Permit and yet their description of the
rates to be charged does not fit within the guide-
lines set forth by the Police Code. Namely, up
to $10.00 for the first half hour and $10.00 there-
after for the half hour and/or .50 for the first
mile, or $1.00 for the first mile and $1.50 for
each half mile thereafter. There would be no way
of their complying with those directives under-
neath a limousine permit. It seems like something

159

they are trying to describe would be sort of like
a 'ut-rate taxi-type service. There is no existing
permit in the City Codes."

Mr. Reilly: "In answer to that I might say two
things. Number one, I think that the schedule
they set out $2.00 for the small area that they
were covering might fall within the limitations.
We would amend it if necessary, I secondly would
think that this type of service and I want to urge'
this point strongly, to put a 'minimum fair trade
type of charge on an absolutely essential service
to the sick, the disabled and lame in San Francisco
that is not supplied by any other person, individ-
ual group or governmental agency to help those peo-
ple get to and from their homes and shopping centers
and get their groceries into their homes, to me,
must violate some type of Constitutional Amendment.
The concept of applying these strict rules that
Officer Seybold has mentioned to this particular
situation just seem to be incongruent . "

Further discussion was held on the subject after
which the Commission passed the following resolution

RESOLUTION NO. 88-77

FINDING AND DECISION OF POLICE COMMISSION IN THE
HEARING OF APPLICATION FOR CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR THE OPERATION OF A
LIMOUSINE.

WHEREAS, LaFrance Graves and Alice Marie
Graves have applied to the Police Commission for a
Certificate of Public Convenience and Necessity to
operate a limousine in the City and County of San
Francisco; and

WHEREAS, this matter came on for hearing
before the Police Commission of the City and County
of San Francisco on Wednesday, March 2, 1977; and

WHEREAS, several persons from the community
in which they proposed service, appeared before the
Police Commission to present evidence in support of
the applicants; and

WHEREAS, Commissioner Siggins inquired if
there was any opposition in the granting of an add-
itional limousine permit to LaFrance Graves and Alice
Marie Graves, and to which the answer was "no;" and

WHEREAS, the law requires that in order to
determine that Public Convenience and Necessity ex-
ists, the Police Commission must find, among other
things, the following:'

160 -

a) The applicant is financially
responsible .

b) That the persons, firms, or corp-
orations holding permits or li-
censes for the operation of motor
vehicles for hire are under effi-
cient management, earning a fair
and reasonable return on their cap-
ital devoted to such service.

c) That persons, firms, or corporations
presently holding permits or licen-
ses for the operation of vehicles for
:iM*re are, under normal conditions, in-
adequately serving the public;

therefore be it

RESOLVED, that it has been established by
clear and convincing evidence and beyond a reasonable
doubt that public convenience and necessity does re-
quire the operation of an additional limousine permit
for which application has been made; therefore be it
further

RESOLVED, that LaFrance Graves and Alice
Marie Graves, be, and they are hereby granted a
Certificate of Public Convenience and Necessity
for the operation of one (1) limousine.

AYES: Commissioners Ciani, Hall, Siggins

NOT VOTING: Commissioners Gallegos, Murphy

RESOLUTION NO. 98-77

HEARING OF INSPECTOR RONALD LIMNEOS , JUVENILE BUREAU

WHEREAS, the hearing of Inspector Ronald
Limneos, Juvenile Bureau, was called, it having
been set for this date; and

WHEREAS, Mr. George Walker, Attorney at
Law, who is representing Inspector Ronald Limneos
has requested that a date for the hearing be set
after the criminal proceedings have been disposed
of in this matter; therefore be it

RESOLVED, that the date for the hearing of
the disciplinary charges filed against Inspector

- 161 -

Ronald Limneos, is set for Wednesday, March 23,
1977, at 5:30 p.m., in Room 551, Hall of Justice

AYES: Commissioners Ciani, Hall, Biggins
NOT VOTING: Commissioners Gallegos, Murphy

HEARING OF SENIOR CLERK-TYPIST JOANNE COYNE, BUREAU
OF SUPPORT SERVICES.

The hearing of Senior Clerk-Typist Joanne
Coyne, Bureau of Support Services, was called, it
having been set for this date. Senior Clerk-Typist
Joanne Coyne was charged with violating the Rules
and Procedures, as follows:

SPECIFICATION NO . 1

Neglect of Duty. (Violation of
Section 2.13 of the Rules and
Procedures of the San Francisco
Police Department.)

in a properly verified complaint by Charles R.Gain
Chief of Police.

Senior Clerk-Typist Joanne Coyne, appeared
in person, and was not represented by counsel.

Sergeant David P. Roche, Legal Officer,
appeared as Prosecutor for the Police Department.

Senior Clerk-Typist Joanne Coyen, entered
a verbal plea of "guilty."

An opening 'statement was made by Sergeant
David P. Roche, attorney for the Prosecution.

The following-named witnesses appeared
for the Prosecution, were sworn and testified:

Lieutenant Oscar Tully
Bureau of Support Services

Senior Clerk-Typist Joanne Coyne
Bureau of Support Services

Sergeant David P. Roche. Legal Office, waived
closing argument.

- 16:

The Commission took the matter under
submission after which the following resolution
was adopted :

RESOLUTION NO. 96-77

DECISION - HEARING OF SENIOR CLERK-TYPIST JOANNE
COYNi^ BUREAU OF SUPPORT SERVICES .

WHEREAS, on January 30, 1977, Charles R.
Gain, Chief of Police, made and served charges against
Senior Clerk-Typist Joanne Coyne, as follows:

SPECIFICATION NO. 1

a) That the accused was due to report
for duty on November 21, 1976;

b) That the accused failed to report
for work on November 21, 1976, and
has not reported for Duty since that
date .

c) The accused is listed as beinj
absent without leave.

d) Because the accused has failed to

report for duty, other members of the
Support Services Bureau have had to
perform the functions normally per-
formed by the accused, causing a les-
sening of efficiency In the Support
Services Bureau.

e) Because of the above-stated conduct,
the accused did violate Section 2.13
of the Rules and Procedures of the San
Francisco Police Department hereinafter
quoted ;

"Any breach of the peace, neglect of duty,
misconduct or any conduct on the part of
any member either within or without the
state which tends to subvert the good
order, efficiency or discipline of the
department or which reflects discredit
upon the department or any member thereof
or that is prejudicial to the efficiency
and discipline of the department, though
such offenses are not specifically de-
fined or laid down in these Rules and
Procedures shall be considered unoffi-
cerlike conduct triable and punishable
by the Board . "

and .

- 163 -

WHEREAS, a hearing on said charges was
had before the Police Commission pursuant to Sec-
tion 8.3^3 of the Charter of the City aid County
of San Francisco on Wednesday, March 2, 1977, and
that on Wednesday, March 2, 1977, the matter was
submitted to the Police Commission for lecision;
and

WHEREAS, the Police Commission finds that
the said charges made and filed against Senior Clerk-
Typist Joanne Coyne, Bureau of Support Services, as
contained in Specification No. 1 are sustained by
the evidence presented at the hearing and that Sen-
ior Clerk-Typist Joanne Coyne has violated Section
2.13 of the Rules and Procedures of the San Francisco
Police Department, therefore be it

RESOLVED, that it is the order of the
Police Commission that Senior Clerk-Typist Joanne
Coyne, has violated Sepcif ication No. 1, Section
2.13 of the Rules and Procedures of the San Fran-
cisco Police Department; and be it further

RESOLVED, that it is the order of the Police
Commission that for said violation Senior Clerk-Typist
Joanne Coyne be dismissed from the department, but
is granted a stay of execution on the following con-
ditions :

That Senior Clerk-Typist Joanne
Coyne's attendance is satisfactory,
and her job performance is satisfac-
tory .

That she and her immediate supervisor
re-appear before the Police Commission
at the end of six (6) months with a
progress report of her attendance and
job performance. If her attendance and
job performance report is satisfactory,
the termination order will be dismissed

(The entire proceedings were taken in
shorthand form by Hearing Reporter Dorsey
A. McTaggart , C.S.R. )

AYES: Commissioners Ciani, Hall, Siggins
NOT VOTING: Commissioners Gallegos, Murphy

RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendations of the

Traffic Bureau on the installation of zoning for the

regulation of traffic on the public streets, be, and
the- same are' hereby approved:

- 164 -

935 STOCKTON STREET - PONG BROS.

a) At 93;» Stockton Street, change existing
44' yellow zone to Special Truck Loading
Zone, to extend from 115' - 159' south
of Washington Street. - to be in effect
from 7 A.M. - 6 P.M.

650 MC ALLISTER STREET - JOHN SWETT ELEMENTARY SCHOOL

At 650 McAllister Street, - revoke
existing 180' white zone.

170 STILLMAN - PACE MACHINE PRODUCTS

At 170 Stillman, install a 22' yellow
zone, to extend from Freeway Support
R-9 to 22' east of same - Under Freeway

144 STILLMAN - JON C.LOPEZ DESIGNS, INC.

a) At 144 Stillman, install a 22*

yellow zone, to extend from Freeway
Support R-19 to 22' west of same.

865 JACKSON STREET - CHINESE CHURCH

a) At 865 Jackson Street, install a

20' white zone, to extend from 6' -
26' west of Stone Alley - (Extension
of present white zone.)

1732 LEAVENWORTH STREET - CHARISMA

a) At 1732 Leavenwar.th Street, install
a 22' yellow zone, to extend south
of north property line.

5901 CALIFORNIA STREET - API'S CLEANERS

At 5901 California Street, install

a 22' green zone, to extend west from

east property line.

2404 BRYANT STREET - LA SINALOENSE STORE

a) At 2404 Bryant Street, install a
22' yellow zone, to extend from
77' - 99' south of 22nd Street.

165 -

1360 LOMBARD STREET - KPIX ANNEX-NEWS SERVICE

a) At 1360 Lombard Street, revoke existing
16 ' yellow zone, which extends from 74 * —
90' east of west property line of //I36O-
and install an 8' yellow zone, to extend
from 9' - 17' east of west property line
of #1360.

AYES: Commissioners Ciani, Hall, Siggins
NOT VOTING: Commissioners Gallegos, Murphy
REVOKED

RESOLVED, that the recommendation of the
Traffic Bureau on the revocation of 196 feet of
white and yellow zones at various parts of the City
at the locations submitted, be, and the same are
hereby approved.

AYES: Commissioners Ciani, Hall, Siggins
NOT VOTING: Commissioners Gallegos, Murphy

RESOLUTION NO. 85-77

BALBOA INSURANCE COMPANY (FRANCISCO VILLA)

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of the
Balboa Insurance Company against the City and County
of San Francisco in the sum of $467.26 as the result
of a collision with a police vehicle, be, and the
same is hereby approved.

Date of Accident: April 26, 1976

AYES: Commissioners Ciani, Hall, Siggins
NOT VOTING: Commissioners Gallegos, Murphy

RESOLUTION NO. 86-77

ROBERT A. BROWN

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Robert

166-

A. Brown against the City and Count;/ of San "Fran-
cisco in the sum of $242.03 as the result of dam-
ages sustained, be, and the same is hereby approved

Date of Incident: September 19, 1976

AYES: Commissioners Ciani, Hall, Siggins
NOT VOTING: Commissioners Gallegos, Murphy

RESOLUTION NO. 87-77

PREMIER INSURANCE COMPANY (GEORGE TOM)

RESOLVED, that the recommendation of the
Cify Attorney for settlement of the claim of the
Premier Insurance Company against the City and
County of San. Francisco in the sum of $500.00 as
the result of a collision with a police vehicle,
be, and the same is hereby approved.

Date of Accident: February 29, 1976

AYES: Commissioners Ciani, Hall, Siggins
NOT VOTING: Commissioners Gallegos, Murphy

RETIREMENT

A communication was received from the Retire-
ment Board officially notifying the Police Commission
of the retirement of Police Officer Eugene R. Huddleston,
Southeast Police Station, for industrial disability, ef-
fective February 17, 1977-

The communication was ordered filed.

AYES: Commissioners Ciani, Hall, Siggins

NOT VOTING: Commissioners Gallegos, Murphy

POLICE NARCOTIC FUND FOR THE MONTH OF MARCH, 1977-
CANGELLED . „

AYES: Commissioners Ciani, Hall, Siggins
NOT VOTING: Commissioners Gallegos, Murphy

- 167

POLICE CONTINGENT FUND FOR THE MONTH' OF MARCH 1977-
CANCELLED.

AYES: Commissioners Ciani, Hall, Siggins
NOT VOTING: Commissioners Gallegos, Murphy

RESOLUTION NO. 90-77

AUTHORIZING ATTENDANCE OF LIEUTENANTS JOHN A. DAMON, JR
JAMES L. GRAY, RAYMOND C. MINKEL, JR., AND ROBERT M.
SPOTSWOOD, AT A MIDDLE MANAGEMENT TRAINING COURSE AT
CALIFORNIA STATE UNIVERSITY, LONG BEACH, CALIFORNIA,
FROM JUNE 6, 1977 TO JUNE 17, 1977, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Lieutenants John A. Damon, Jr.,
James L.Gray, Raymond C. Minkel,'Jr., and Robert M.
Spotswood be detailed to attend .a Middle Management
Training Course at California State University, Long
Beach, California, from June 6, 1977 to June 17, 1977,
inclusive, be, and the same is hereby approved; and •
be it further

RESOLVED, that expenses incurred by Lieuten-
ants John A. Damon, Jr., James L.Gray, Raymond C.
Minkel, Jr., and Robert M. Spotswood, in a sum not
to exceed $750.00 each will be defrayed by the Police
Department's Police Officers' Training Fund.

AYES: Commissioners Ciani, Hall, Siggins

NOT VOTING: Commissioners Gallegos, Murphy

RESOLUTION NO. 91-77

AUTHORIZING ATTENDANCE OF SERGEANT WILLIAM R. TAYLOR,
INTERNAL AFFAIRS BUREAU, AT THE FOURTH ANNUAL TEXAS
POLICE POLYGRAPH EXAMINERS' SEMINAR IN AUSTIN, TEXAS,
FROM MARCH 7 , 1977 TO MARCH 11, 1977, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of -Police that Sergeant William R. Taylor, In-
ternal Affairs Bureau, be detailed to attend the
Fourth Annual Texas Police Polygraph Examiners' Sem-
inar in Austin, Texas, from March 7, 1977 to March
11, 1977, inclusive, be, and the same is hereby approved;
and be it further

RESOLVED, that expenses incurred by Sergeant
William R. Taylor, in a sum not to exceed $325.00 will

- 168 -

be defrayed by the Police Department's Police
Officers' Training Fund.

AYES: Commissioners Ciani, Hall, Siggins
NOT VOTING: Commissioners Gallegos, Murphy

RESOLUTION NO. 92-77

AUTHORIZING ATTENDANCE OP LIEUTENANTS MICHAEL A.
BRUSH, ROBERT M. FORM, FRANK W. WATTS, AND SOL
P. WEINER, AT A MIDDLE MANAGEMENT TRAINING COURSE
TO BE CONDUCTED BY THE OAKLAND POLICE DEPARTMENT
AT WATSONVILLE, CALIFORNIA, FROM MAY 15, 1977 TO
MAY 27, 1977, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Lieutenants Michael A. Brush,
Robert M. Forni, Frank W. Watts^ and Sol P. Weiner,
be detailed to attend a Middle Management Training
Course to _be conducted by the Oakland Police De-
partment at Watsonville, California, from May 15,
1977 to May 27, 1977, inclusive, be, and the same
is hereby approved; and be it further

RESOLVED, that expenses incurred by Lieu-
tenants Michael A. Brush, Robert M. Forni, Frank
W. Watts and Sol P. Weiner in a sum not to exceed
$680.00 each will be defrayed by the Police Depart-
ment ' s Police Officers' Training Fund.

AYES: Commissioners Ciani, Hall, Siggins
NOT VOTING: Commissioners Gallegos, Murphy

RESOLUTION NO. 93-77

AUTHORIZING ATTENDANCE OF POLICE OFFICER JOHN F. DEVINE
SPECIAL ASSISTANT TO THE CHIEF OF POLICE, AT A SEMINAR
ON THE RAND REPORT - "ALCOHOLISM AT THE CROSSROADS" IN
SANTA CRUZ, CALIFORNIA, ON MARCH 5, 1977 AND MARCH 6,
1977, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Police Officer John F. Devine,
Special Assistant to the Chief of Police, be, detailed
to attend a Seminar on the Rand Report - "Alcoholism
at the Crossroads" in Santa Cruz, California, on March
5, 1977 and March 6, 1977, inclusive, be, and the same
is hereby approved; and be it further

- 169 -

RESOLVED, that expenses incurred by
Police Officer John F. Devlne in a sum not to
exceed $105-00 will be defrayed by the Police
Department's Police Officers' Training Fund.

AYES: Commissioners Ciani,Hall, Siggins
NOT VOTING: Commissioners Gallegos, Murphy

WEEKLY SICK REPORT

Chief of Police Charles R. Gain, submitted
a report of members of the Department off duty due
to sickness and disability for the week ending Tues-
day, February 22, 1977, as follows:

PREVIOUS WEEK

Daily average for the week sick 79 73

Daily average for the week dis-
abled 80 84

TOTALS 159 157

This is an increase of two (2) members off duty
daily from the previous week.

Daily percentage for the week sick 4.91

Daily percentage for the week disabled 3.84

TOTAL 8.75

Disabled at start of week 83

Started during the week 10

Returned during the week 16

Disabled at end of week 77

Net Gain or Loss -6

SICK AND DISABLED FOR WEEK ENDING SATURDAY, FEBRUARY
21, 1976 at 2400 HOURS:

Daily average for the week sick 56

Daily average for the week disabled 98

TOTAL 154

Daily percentage for the week sick 2.96

Daily percentage for the week disabled 5-44

TOTAL 8.40

170 -

SICK AND DISABLED FOR WEEK ENDING TUESDAY, FEBRUARY
8. 1977 AT 2kOQ HOURS

Daily average f> r the week sick
Daily average for the week disabled

TOTAL
Daily percentage for the week sick
Daily percentage for the week disabled

TOTAL

80
R7

167

4.Q2
5.30
9.32

The report was ordered filed,

AYES: Commissioners Ciani, Hall, Siggins

NOT VOTING: Commissioners Gallegos, Murphy

The Commission then adjourned its meeting,

- 171

9 MARCH 1977 . REGULAR MEETING

The^rPolice Commission of the City and
County of^an Francisco met in their chambers,
Room 551, Hall of Justice, 850 Bryant Street/
on Wednesday, .March 9, 1977 at 1730 hours, in
regular session.

PRESENT: Commissioners Ciani, Gallegos, Hall,
Siggins

ABSENT: Commissioner Murphy

DOGU iv.EN ! S

APR 2 1 1977

Commissioner Siggins presiding. ^^rau3rarx

The members of the Commission, having
been furnished copies of the minutes of January
26, 1911 , reading of same was dispensed with and
the minutes were approved.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "Mr. President, Members of the Commission,
my report tonight will consist of an explanation of the
status of our bomb squad, their equipment needs and
what is being done. Deputy Chief Taylor will speak
to this issue also. I would like to say by way of
introductory remarks, as far as the press release of
the P.O. A., today, to the point of the Chief of Police
attempting to cover up, that that statement is mani-
festly ridiculous. That obviously there has been no
attempt to cover up conditions as regards to our bomu
disposal function. We have a place in our current
fiscal year budget request for needed equipment. Fur-
thermore, a couple of weeks back, we submitted a re-
quest to the Law Enforcement Assistance Administration
for about $53 .,000 dollars worth of equipment. So we
are using the device a budget request, in the city
also through the Federal to get equipment and we're
in addition to that purchasing equipment from the Chief's
Contingent Fund. Furthermore, there has been in pro-
cess for a considerable period of time, the develop-
ment that we will receive a remotely controlled ve-
hicle which will be of assistance in regard to explo-
sive devices. A staff member met with otiier police
department representatives and with state officials
and there will be provided to the San Francisco Police
Department and other police departments in California,
selected ones, a portable remotely controlled vehicle
with a TV camera and with arms and so on so that this

- 172

vehicle when there is an explosive device can be
remotely controlled through the vehicle. It has
the capability to break into a car window, for
example, the camera will view inside, set off ex-
plosives as necessary or retrieve. These vehicles
will cost about $19,000 each, the bids are being
opened on the 21st of March and then the manufac-
turers submit proposals, we then would be able to
purchase them. The state people will be working
on them and then a relatively short time after
that then presumably we would acquire that type
of vehicle. So when it comes to explosive de-
vices It will enable our disposal personnel to
remain a distance from the explosive device and
have a video tape capability and so on. So that
is being done. Now none of that is to say that
we do not have problems. We have had problems
insofar as I learned three weeks ago as to a stor-
age facility for explosives. We have been stor-
ing some explosive cap devices within the building
which should not have been done. But those pro-
blems have now been erased. There was also a
problem in regard to personnel in our bomb disposal
unit. At this point I wouldclike to have Deputy
Chief Taylor who has been addressing these pro-
blems speak to them. "

Deputy Chief Taylor stated that the Department
had received grievances from four members of the
EOD Unit on the 2nd of March listing certain un-
safe and unlawful practices being done in the EOD
Unit. He stated they said it was located spec-
ifically in the CSTF Offices. He said among the
other things that they alleged were that two mem-
bers were transferred punitatively because they
were apparently making an issue out of the fact
that the department was in violation of the state
law and Industrial Safety Relations Act. He said
they also reported the defects to the California
Industrial Relations Division CAL OSHA and we re-
ceived an inspection yesterday by CAL OSHA Safety
Inspectors and they cited the Department and gave
us 14 days to correct two unsafe conditions. He
said one is the maintenance of an improper magazine
in the building and the maintenance of some explo-
sives were used by the EOD technicians in rendering
safe disposal procedures. He stated that they in-
spected the lockers with the OSHA people yesterday
and found out that there was an excess quantity,
18 pounds of C4 explosives which is a relatively
stable product and the Department will be receiving
the citations officially in the mail. He stated
that in the meantime they have removed all of the
explosives from the bomb truck and the building.
He said a 750 lb. grenade locker used by the Navy
has since been removed from the building to the
police range. He stated that the alleged punitive
transfers were not, in fact, punitive but were the
results of two factors, one the request of the Com-
manding Officer from the two weeks before to have
the Sergeant involved transferred and then the re-
quest of the same Sergeant and his constant co-
worker Officer Trainer .to actually resign from EOD
Unit duties. He stated that they received two
other resignations from EOD officers at the same
time approving two and will subsequently approve
the latter two when qualified replacements are

'173 -

Commissioner Gallegos then asked that when mea-
sures have been taken to comply with the state
regulations precautions and purchase is made of
this additional equipment will all of this bring
the Department up to a minimum level or a maxi-
mum level or how far will the department be from
what it should have in terms of a unit that re-
flects the safety of the officers using the equip-
ment as well as doing the job.

Chief Gain stated that when that equipment is
attained then the Unit will have everything that
it needs .

The Chief also stated: "Again we have problems,
we need more equipment, we are in the process of
getting that equipment. When I first learned
about the problem two weeks' ago for need for that
equipment, we acted upon that. Now, addressing
the SFPOA's press release, they state in their re-
lease, in part, that Chief Gain is attempting to
cover up these dangerous conditions by transfer-
ring four of the best adequately trained techni-
cians. That is ridiculous and I have to charac-
terize it as a deliberate lie. Because there has
been no attempt to cover up and as for this matter
they state 'this is simply another matter of Gains
inability to make innovative changes;' what in my
impression the POA , did, which seems to be char-
acteristic, was instead of inquiring as to what was
going on they used this device in order to cause
chaos and so on. They seem to be best suited for
that unfortunately, but that is exactly what they
did. Instead of determining rwhat we were doing
and that the problem was being worked on, they
called a-press release this morning and came out
with that type of a document . "

Commissioner Siggins : "Well, it is my fourteenth
month as a Commissioner and it has been 14 months
since I have seen anything that they have done to
better serve the people of San Francisco in Law
Enforcement and this is just another example of it.

Chief Gain: "It is interesting, here they say 'the
following document of violation should be the sub-
ject of a Public Hearing if the Chief does not re-
solve the problems.' It is interesting, isn't it.
Now the POA is mandating I do something within a
certain amount of time or they will hold a Public
Hearing. I hope they have one, I will attend it,
because it will be a pleasure to confront the Pres-
ident of this association. He seems to hide behind
something and come out with this irrational stuff.
I hope they have the hearing. Maybe I will call .
the Hearing and invite him to come."

Commissioner Siggins: "We have Invited them and
they haven't come here

!!

17 ]4

Chief Gain: "A statement was made and I just want
to make sure that it was understood by Deputy Chief
Taylor in regard to fiscal matters, it is my defin-
ite impression and belief, that as far as city fathers
as is charactized, there has been no absence of any
cooperation on their part. I am certain that when
we submit request, and had they been submitted in
the past and brought home to the Board of Supervisors,
that this equipment was needed for safety purposes,
the funding would have been forthcoming. So what I
want to emphasize is, that they have not in any way
done anything to preclude us from getting necessary
equipment. I don't think that the matter was brought
to your attention in the appropriate manner."

PRESENTATION ON RECRUIT SCHOOL CURRICULUM - RECRUIT
SCHOOL TO BEGIN ON MONDAY, MARCH 14, 1977

Chief Gain stated that the Department had been work-
ing for some time as expeditiously as it could to
put together the recruit school curriculum. He
stated that the Department having hired Dr. Mimi
Silbert as a consultant, had delivered to the Commis-
sion today a copy of the recruit school operations
manual and a letter over his signature to the Com-
mission requesting approval of the curriculum and
also some rules and regulations governing the re-
cruit academy which will commence on March 14 . He
stated that Dr. Silbert and Sergeant' Doane are here
tonight to give the Commission an overview of the
curriculum. Dr. Silbert and Sergeant Doane then
responded to various questions presented to them
by the Commissioners.

The Commission then passed a resolution approving
the Curriculum as follows:

RESOLUTION NO. 97-77

RECRUIT SCHOOL OPERATIONS MANUAL - APPROVED

WHEREAS, on Monday, March 14, 1977, eighty (80)
police officers will be sworn into the San Francisco
Police Department and commence their training as mem-
bers of the 128th Recruit Class; and

WHEREAS, the Academy training period for these
new members will consist of a sixteen week curriculum
which is a significant departure from previous re-
cruit training programs. The training will be much
more community oriented and will have as its basic
objective the development of technically proficient
and humanistic officers; and

WHEREAS, the Recruit Operations Manual has been
submitted for the Commission's information and ap-
proval; therefore be it

175

RESOLVED, that the Recruit Operations Manual
as submitted to the Commission on Wednesday, March
9, 1977, be, and the same is hereby approved.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

JOT VOTING: Commissioner Murphy

RESOLUTION NO. 98-77

AUTHORIZING ACCEPTANCE BY THE SAN FRANCISCO POLICE
DEPARTMENT OF A DONATION OF $53,000.00 IN VEHICLES
AND EQUIPMENT TO PROVIDE THE SAN FRANCISCO POLICE
DEPARTMENT WITH THOSE ITEMS NECESSARY TO CARRY OUT
THE FUNCTIONS OF THE SPECIAL INVESTIGATIVE UNIT
WHOSE PURPOSE IS TO DETECT TERRORIST TYPE ATTACKS

RESOLVED, that the recommendation of the Chief
of Police that the San Francisco Police Department
be allowed to accept a donation of $53,000.00 in
vehicles and equipment to provide the San Francisco
Police Department with those items necessary to
carry out the functions of the Special Investigative
Unit whose purpose is to detect terrorist type at-
tacks, be, and the same is hereby approved.

AYES: Commissioners Ciani, Gallegos, Hall
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 99-77

BUILDING AND GROUNDS PATROLMAN VERNON EASTER,
SOUTHERN -POLICE STATION

WHEREAS, charges of violating the Rules and
Procedures of the San Francisco Police Department
were filed against Building and Grounds Patrolman
Vernon Easter, as follows:

SPECIFICATION NO

Sleeping on Duty. (Violation of
Section 2.101 of the Rules and
Procedures of the San Francisco
Police Department.)

by Charles R. Gain, Chief of Police; therefore be it

176

RESOLVED., that the hearing before the Police
Commission on charges filed against Building and
Grounds Patrolman Vernon Easter, Southern Police
Station, be, and the same is hereby set for Wed-
nesday, March 23, 1977, at 5:30 p.m., in Room 551,
Hall of Justice.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 100-77

HEARING OF ASSISTANT INSPECTOR PATRICK A. WOLFE,
BUREAU OF INSPECTORS.

WHEREAS, the hearing of Assistant Inspector
Patrick A. Wolfe, Bureau of Inspectors, was called,
it having been set for this date; and

WHEREAS, it was requested by Mr. George G.
Walker, Attorney for the Defense, that the hearing
for Assistant Inspector Patrick A. Wolfe, be con-
tinued to Monday, April 11, 1977; therefore be it

RESOLVED, that the date for the hearing of
the disciplinary charges filed against Assistant
Inspector Patrick A. Wolfe, is set for Monday,
April 11, 1977 at 5:30 p.m., in Room 551, Hall of
Justice .

AYES: Commissioners Ciani, Gallegos, Hall
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 101-77

APPROVING AND AUTHORIZING THE DEPARTMENT OF POLICE
UNDER APPLICABLE PROVISIONS OF THE CITY CHARTER, TO
APPLY FOR, ACCEPT AND ADMINISTER A GRANT OF FUNDS
FROM THE LAW ENFORCEMENT ASSISTANCE ADMINISTRATION
FOR A PROJECT ENTITLED "PROPERTY CRIMES PREVENTION
PROJECT . " __

BE IT RESOLVED, that the Police Commission of
the City and County of San Francisco does hereby

177 -

approve and authorise the Department of Tolice,
under applicable provisions of the City Charter,
to apply for, accept and administer a grant of
funds from the Law Enforcement Assistance Admin-
istration, as follows:

$400,000 For the purpose of utilizing

existing Departmental activities
in a new coordinated program to
intensify anti-property crime
initiatives .

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

WOT VOTING: Commissioner Murphy

REQUEST OF MICHAEL THENO TO ADDRESS THE POLICE
COMMISSION CONCERNING CERTAIN RECENT ACTIVITIES
OF THE SAN FRANCISCO POLICE OFFICERS' ASSOCIATION,

Mr. Theno: "I w
make a short sta
representing mys
for being here i
cussing this mat
what could one o
and so it was de
Mr. Theno then r
the Commissioner
Calendar Items o

ould like, with your permission, to
tement that I have prepared. I am
elf as a private citizen. My reason
sn't purely for myself. I was dis-
ter with some friends and thought
f us do besides sending a letter
cided for one of us to appear here."
ead the letter he had presented to
s. (Copy of letter on file with
f this meeting. )

Commissioner Siggins, after
in Mr. Theno ' s letter state
Association does not run th
partment and will not run t
Department. He stated that
to meet with them when they
proposals that will help up
any way. He stated that he
leadership of the Associati
who are out on the street d
work Mr. Theno referred to

answering q
d that the P
e San Franci
he San Franc

the Commiss

think that
grade the De

did not bel
on represent
oing the fin
in his lette

uestions raised
olice Officers '
sco Police De-
isco Police
ion is willing
they have any
partment in
ieve that the
ed the persons
e and talented
r .

Commissioner
for noting in
Officers who
not well repr
leadership .
be very conce
to take posit
on the face o
ests of polic
are elected i
members of th
politics that

Ciani :

your r
are doi
esented
If I we
rned ab
ions fo
f it wo
e. The
s to lo
e POA a
do not

"I too would like to commend you
emarks that there are many fine
ng a good job and I agree they are

in some of the activities of their
re a member of the P.O. A., I would
out the organization purporting
r me on matters such as this which
uld not peculiarly affect the inter-
purpose for which their leaders
ok out for the interests of the
nd not to be playing around in City
represent the interests of the

- 178

officers. I think it is a shame that the member;
of the POA are not better represented."

Mr. Theno : "I appreciate your comments and the
opportunity to address you. I wanted to know your
feelings as a Commission on this item because as
I said, to me, I find it personally outrageous this
kind of activity in a professional organization and
I wanted this opportunity to present my ideas to you
So thank you very much . "

RECOMMENDATIONS OP THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendations of the
Traffic Bureau on the installation of zoning for
the regulation of traffic on the public streets,
be, and the same are hereby approved:

550 ALABAMA STREET - MEXICAN FOOD PRODUCTS CORP

a) At 500 Alabama Street, install a 22'

yellow zone, to extend 3^ ' - 56' north
of south property line.

2 50 2 CLAY STREET - INNOVATIONS

a) At 2502 Clay Street, Install a 25'

yellow zone, west from east building
line .

1101 STANYAN STREET - PARNASSUS PRODUCE

a) At 1101 Stanyan Street, install a

25' yellow zone, to extend from 3' -
28' south of Parnassus (revoke exist-
ing green zone at this location.)

925 MISSION STREET - S.F. NEWSPAPER PRINTING CO

a) At 925 Mission Street, install a
28' yellow zone, to extend from
6' - 3^' south of driveway.

925 MISSION STREET - S.F. NEWSPAPER PRINTING CO

a) At 9?5 Mission Street, install a 50'
yellow zone, to extend from 15' - 65'

- 179 -

south of north property line
revoke existing 50 ' red zone

2200 - 23rd STREET - (FORMERLY THE RHODE HOUSE'

a) At 2200 - 23rd Street, revoke existing
21' green zone, from 3' - 24' west of
Rhode Island Street .

114 5 BUSH STREET - (FORMERLY EXCLUSIVE CLEANERS)

a) At 1145 Bush Street, revoke existing
22' white zone, 22' west of east line
of building.

2598 SAN JOSE AVENUE - SAM'S MARKET & LIQUORS

a) At 2598 San Jose Avenue, install a
22' green zone, to extend north
from south property line.

19 SOUTH PARK - RAPTON TOOL & DIE CO

a) At 19 South Park, install a 19'
yellow zone, west from east
building line.

3330 GEARY BOULEVARD - SOCIAL SECURITY ADMINISTRATION

a) At 3330 Geary Boulevard, install
an 18 ' Blue zone, to extend from
2' - 20' west of east property line

1898 HYDE STREET- SHIRLEY PELETZ GIFTS

a) At 1898 Hyde Street, Install a

22' green zone, to extend from 6'
28' south of north property line.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

REVOKED

RESOLVED, that the recommendation of the

- 180

Traffic Bureau on the revocation of 118 feet of

green, red and white zones, at various parts of

the City at the locations submitted, be, and the
same are hereby approved.

AYES: Commissioners Ciani, Gallegos, Hall
Siggins

NOT VOTING: Commissioner Murphy

RETIREMENT

A communication was received from the Retire-
ment Board officially notifying the Police Commis-
sion of the retirement of Police Officer Cora Moore,
Police Academy, for industrial disability, effective
October 13, 1976.

The communication was ordered filed

AYES: Commissioners Ciani, Gallegos, Hall
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 102-77

GARY KASTERNAKIS

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Gary
Kasternakis against the City and County of San
Francisco in the sum of $10.00 as the result of
a faulty tow, be, and the same is hereby approved,

Date of Incident: October 1, 1976

AYES: Commissioners Ciani, Gallegos, Hall
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 103-77

HAROLD FERRER & TOM THORNER

RESOLVED, that the recommendation of the

- 181 -

City Attorney for settlement of the claim of
Harold Ferrer and Tom Thorner against the City
and County of San Francisco in the sum of $500.00
as the result of damages sustained, be, and the
same is hereby approved.

Date of Incident: July 21, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 104-77
WILLIAM L. RAY

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of
William L. Ray against the City and County of
San Francisco in the sum of $18.00 as the re-
sult of a faulty tow, be, and the same is here-
by approved.

Date of Incident: October 21, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 105-77

EDDIE L. MILES AND HIS ATTORNEY DON H. BANKS

RESOLVED, that the recommendation of the
City Attorney for settlement of litigation of
Eddie L. Miles in the sum of $1,250.00 in Superior
Court Action No. 718-862 entitled, "Eddie L. Miles
v. City and County of San Francisco" as the re-
sult of damages sustained, be, and the same is
hereby approved .

Date of Incident: October 16, 1974

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

- 182

RESOLUTION NO. 106-77

TWU-APSCME-UCE JOINT COUNCIL AND THEIR
ATTORNEY IRWIN LEPP

RESOLVED , that the recommendation of the
City Attorney for settlement of the claim of
TWU-APSCME-UCE Joint Council in the sum of $1,
985.17 in a Judgment awarded for damages sus-
tained in Superior Court Action No. 707-888,
be, and the same is hereby approved.

Date of Incident: August 19, 20, 21, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

AUTHORIZING ATTENDANCE OF DEPUTY CHIEF CLEMENT D.
DEAMICIS, DEPUTY CHIEF DONALD L. TAYLOR, CAPTAIN
CHARLES A. SCHULER, AND CAPTAIN JOHN A. MAHONEY,
AT A WORKSHOP ON MANAGING CRIMINAL INVESTIGATIONS
AT THE SAN FRANCISCO AIRPORT HILTON HOTEL FROM
MARCH 16, 1977 TO MARCH 18, 1977, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Deputy Chief Clement D.
DeAmicis, Deputy Chief Donald L. Taylor, Cap-
tain Charles A. Schuler and Captain John A.
Mahoney, be detailed to attend a Workshop on
Managing Criminal Investigations, at the San
Francisco Airport Hilton Hotel from March lb,
1977 to March 18, 1977, inclusive, be, and the
same is hereby approved, and be it further

RESOLVED, that expenses incurred by Deputy
Chief Clement D. DeAmicis, Deputy Chief Donald
L. Taylor, Captain Charles A. Schuler and Captain
John A. Mahoney, will be defrayed by the Law En-
forcement Assistance Administration.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 108-77

AUTHORIZING ATTENDANCE OF INSPECTOR HAROLD .M .
SUSLOW, AT A CONFERENCE OF THE CALIFORNIA METAL
INVESTIGATORS' ASSOCIATION AT LONG BEACH, CALIF-
ORNIA, ON 11ARCH 24, 1977 AND MARCH 25, 19 77, IN-
CLUSIVE. _______

- 183 -

RESOLVED, that the recommendation of the
Chief of Police that Inspector Harold M.Suslow
be detailed to attend a Conference of the Cal-
ifornia Metal Investigators' Association at Lonj
Beach, California, on March 24, 1977 and March
25, 1977, inclusive, be, and the same is hereby
approved; and be it further

RESOLVED, that expenses incurred by Inspector
Harold M. Suslow in a sum not to exceed $120.00
will be defrayed by the Police Department's Police
Officers' Training' Fund .

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

RESOLUTION NO. 109-77

TRAVELING EXPENSE VOUCHER

APPROVED

RESOLVED, that the Traveling Expenses Voucher
submitted by the following-named members of the Pol-
ice Department for expenses incurred in attending
the below indicated program; said enpenses having
been approved by the Chief of Police, be, and the
same are hereby approved .

Inspector Edward Johnston $480.63
Inspector Raymond Skow $480.63
Police Officer Ronald Kern $480.63
Police Officer Daniel Lawson $223-65

(Basic Drug Law
(Enforcement Train-
ing Course at the
(College of the Red-
(woods, Eureka, Cal-
ifornia, from Jan-
uary 31, 1977 to
(February 11, 1977,
(Inclusive .

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING

Commissioner Murphy

RESOLUTION NO. 110-77

RECOMMENDATION OF THE CHIEF OF POLICE FOR APPROVAL
OF TRAVEL EXPENSES INCURRED BY LIEUTENANT ARTHUR
D. O'KEEFE, CRIME SPECIFIC TASK FORCE, AT AN UNUSUAL
INCIDENTS TACTICAL COMMAND TRAINING COURSE AT THE

- 184 -

COLLEGE OF THE REDWOODS, EUREKA, CALIFORNIA,'
FROM FEBRUARY 22, 1977 TO FEBRUARY 25, 1977,
INCLUSIVE.

WHEREAS, on the recommendation of the
Chief of Police, Lieutenant Arthur D. O'Keefe
received permission from the Police Commission
to attend an Unusual Incidents Tactical Com-
mand Training Course at the College of the Red-
woods, Eureka, 'California; and

WHEREAS, Lieutenant Arthur D. O'Keefe did
travel to Eureka, California, from February 22,
1977 to February 25, 1977, inclusive; therefore
be it

RESOLVED, that expenses in the amount of
$170.00 incurred by Lieutenant O'Keefe while
attending this course will be defrayed by the
Police Department's Police Officers' Training
Fund.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Comissioner Murphy

WEEKLY SICK REPORT

Chief of Police Charles R. Gain submitted a
report of members of the Department off duty due
to sickness and disability for the week ending Tues-
day, March 1, 1977, as follows:

PREVIOUS WEEK

Daily average for the week sick 88 78

Daily average for the week dis-
abled 76 80

TOTALS 164 158

This is an increase of six (6) members off duty
daily from the previous week.

Daily percentage for the week sick 4.85
Daily percentage for the week disabled 4 . 67

TOTAL 9.52

- 185

Disabled at start of week 72

Started during the week 17

Returned during the week 10

Disabled at end of week 79

Net Gain or Loss +7

SICK AND DISABLED FOR WEEK ENDING SATURDAY
FEBRUARY 28, 1976 AT 24 00 HOURS

Daily average for the week sick 71

Daily average for the week disabled 98

TOTAL 169

Daily percentage for the week sick 3-83

Daily percentage for the week disabled 5.49

TOTAL 9.32

SICK AND DISABLED FOR WEEK ENDING TUESDAY,
FEBRUARY 15, 1977 AT 2400 HOURS

Daily average for the week sick
Daily average for the week disabled

TOTAL
Daily percentage for the week sick
Daily percentage for the week disabled

TOTAL 8.74

The report was ordered filed.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy
YELLOW CAB MATTER DISCUSSION

73

84

157

3.

61

5

13

Commissioner Ciani: "We have learned that there
has been a receiver appointed for Yellow Cab. We
are not being asked to make a decision but to dis-
cuss what would be in the best interests of the
City as far as approving one or another type of
offer for the assets of Yellow Cab. Presumably,
they could be sold all in one log and syndicated
thereafter to individual drivers. The question
open for discussion is. whether we would have any

186

indication of what we would perceive 'to be in
the best interests, of the City. I must decline,
personally, to discuss the merits of such alter-
natives, for reasons previously stated for the
record. However, others of you may wish to ex-
press your views."

Commissioner Siggins : "I have talked to heads of
the competing cab companies, I have talked to our
Department in regard to policing, I have talked to
a number of individuals and some of the leaders in-
San Francisco and I think that the City would be
best served by having a larger organization come
in and take over those permits or a major portion
of those permits as a block, because complaints
could be answered more efficiently. There are peo-
ple who say that there are about 100 too many per-
mits, the individuals who are running the cabs say
that to sell individually and have them all on the
street at the same time would be too many. There
is nothing that we can actually do right now be-
cause the umbrella Of the bankruptcy court covers
any action that we can take but the receiver who
has been appointed by the authorities to listen
to the different proposals and I have told the dif-
ferent people who have contacted me that we would
be interested in a company and I told him on the
street as one Commissioner and that the others
would have their own feelings. Other cities just
don't have that many individuals without control
running around with cab permits."

It was pointed out that another alternative is to
have centralized management but to have the permits
owned by individual owners; a third alternative is
an "ESOP" in which title to the permits would be
held by the corporation but the stock of the corp-
oration would be held by the drivers.

The consensus of the Commission was a preference
for some way in which the drivers would have a per-
sonal stake in the enterprise (either through owner-
ship of the permits or oxvnership of stock In a corp-
oration) and yet management would be centralized.

Further discussion was held on this matter after
which Commissioner Ciani stated to Commissioner
Siggins that the Commission would delegate him to
discuss the feelings of the Board, expressed here
tonight, with the receiver. Commissioner Siggins
agreed and stated that he would -meet with the re-
ceiver in the next two days.

The Commission- then adjourned its meeting.

187 -

>77 ^ /U ' . h'ECUTIVE SESSION

Vn^folice Commission of the -City and
County of^Sam Francisco i ;t in their chambers,
Room 551, Hall of Justic , 50 Bryant Street,
on Wednesday, March lb, 1977, in Executive Session.
at 1700 hours.

PRESENT: Commissioners Ciani, Gallegos, Murphy,
Siggins

ABSENT: Commissioner Hall DC 73

Commissioner Siggins presiding.

PUBLIC LIBRARY

16 MARCH 1977 REGULAR SESSION

The members of the Commission, having
been furnisned copies of the minutes of the meet-
ing of February 2, 1977, reading of the same was
dispensed with and the minutes were approved. ■ '

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

PRESENTATION OF CERTIFICATES AND MEDALS OF VALOR

Commissioner Gallegos: "It was my pleasure to re-
present the members of this Commission at the Awards
Committee Meeting that was held on Friday, February
18 . The meeting was called at the Hall of Justice
which all the Chiefs, the Chief, Deputy Chief, and
Supervising Captains and various Captains otherwise
known as the brass were in attendance to listen to
the nominations which were submitted nominating var-
ious officers for various acts of valor whicn they
performed aoove and beyond the call of duty. I
think each of the Commissioners will agree that it's
really one of the high points of our service to
listen to this tremendous experience reflected in
each of the acts which have been nominated. Speak-
ing for myself I would have voted a gold medal for
each of the persons but I gave in to the voice of
experience to the officers who have been througn
this before. We rescrutinized each nomination care-
fully and I assure you that each award recommended
was reviewed with great scrutiny and care. It is
with great pride that we bestow the various certif-
icates and medals this evening.

Assistant Inspector George E. Matelli . . . Gold Medal

...

188 -

Assistant Inspector James J. Molinari . . . Gold Medal

Police Officer Larry A. Piol Silver' Medal

Sergeant Arthur W. Gerrans Bronze Star

Sergeant Charles E. Hoenisch,Jr Bronze Medal

Assistant Inspector Edwin M. Kenney Bronze Star

Police Officer Gregory A. Beatty Bronze Medal

Police Officer Charles M.Collins Bronze Medal

Police Officer Dennis M. Costanzo Bronze Medal

Police Officer Daniel J. Foley Bronze Star

Police Officer Robert J. Geary Bronze Star

Police Officer Ross E. Laflin Bronze Medal

Police Officer Peter R. Maloney Bronze Medal

Police Officer Vincent C. Nee son Bronze Medal

Police Officer Robert J. Rodriguez Bronze Star

Police Officer Scott Thomas-Resigned ... .Bronze Medal

Inspector James P. Deasy Meritorious Certificate

AYES: Commissioners Ciani, Gallegos, Murphy,

Siggins ■ J

NOT VOTING: Commissioner Hall

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "Mr. President , members of the Com-
mission, the report tonight consists of some comments
on crime, with your permission. And then I have asked
Lieutenant Charles Beene of the Street Crimes Unit to
come tonight to give an explanation of what this unit
is about and what it is accomplishing. As you know
from the monthly crime stats we've had some demon-
strably decreases in serious crime categories and we
point out in that monthly report that the street crime
unit, because of the methods taken and the results
that we are accomplishing is due a great amount of
credit for reductions In crime particularly in the
Tenderloin area. I know if you have read the papers
and perhaps seen on TV, some of the methods and
techniques and so I thought we would bring the ex- .
pert tonight x^hether he is going to act for you or
not I don't know but he will give you an explana-
tion of what we are doing and how we are doing
and what the results are."

Lieutenant Beene: "On the Street Crime Unit, which
was formed on the day after Thanksgiving last year,
is a non-uniform anti-crime unit centrally located
here in the Hall of Justice mobile able to deploy
the forces throughout the high crime. areas of San

-n ._ .. i . t- i . -. :,„.-, ; r. r\ -P c t- r> f- -l -- +- i o '.' a n r\ n 1 nn n "i n c

189 -

Our goal is to reduce the problems of violent
street crime in San Francisco. We feel that the
citizens of San Francisco are concerned about
their personal safety. We feel that the type
of crime that we -are tall-ring about is the kind that
that is committed forcibly and victims are chosen
at random, except the more defenseless the person ■
is, the more likely they are to be victimized. Talk-
ing about the elderly J the old, people that become
sick, or disabled on the streets of San Francisco,
in some instances we try to prevent the crime, in-
terrupt the crime in progress. Or, as you have
probably seen in the papers now, we take the place
of the potential crime victim in a decoy action.
The police officer male or female, takes that posi-
tion. That's the part that sometimes makes the
paper. However, we do the other surveillance work
also. We do this to become annonymous invisible
citizens who can move freely about the street,
specified to certain high crime areas dictated,
so that the plan is to know where the crimes are
going to happen, and who they are likely to happen
to. We have heavily screened officers, experienced
police officers, who have been given additional
training and so forth, moved them into that area
and then they try to attempt to interrupt that crim-
inal process. And I feel at this time we have been
successful with the program. We are going after the
felony street crime, aggravated assault, robbery,
both armed and strongarm, grand theft from the per-
son, rape, or any of those vicious crimes that hap-
pen on the street. Our tactics are to blend into
the area, observe the crime, interrupt it, and make
arrest. That's the basic tactics. We were going
fairly well, we doing more observation type work
until the end of January, this year when Chief Gain
sent me to New York City to study their Street Crime
Unit for two weeks. And there I feel we were able
to determine, in fact, the Commission here actually
sent me because they okayed the trip and we learned
the techniques they have been using for the last
five years in this type operation and that put all
the things together. When I returned February 15 ,
I taught those techniques to the 60 officers we have
in the unit and from there we've been moving right
ahead. We've been catching a lot of these criminals.

Commissioner Murphy: "How many arrests have you
made, say, in a month's time or in a weeks time
that you think you might not have made if you hadn't
learned this particular technique?"

Lieutenant Beene : "Since February 15, to March 15,
we've made 357 arrests, 333 were felony arrests and
we arrested 321 in the decoy operation, which is one
reason the criminal element weren't used to these
tactics, so some of them are just now getting the
word around the streets they have become more highly
suspicious of this as they start to get the word of
mouth. We try to publicize it heavily to try to show
the criminal not to attack helpless people, but we
don't try to conceal the fact that we are doing this
we go the opposite way we would just as soon not
arrest them as I said in court, did we want the wallet

- 190 -

or camera, or .omething taken when we went out
there? ho. we I not. It means if we had acted
properly and the ■■ llet does not get taken, that
the streets are safe for someone to walk the streets.
But the word doe:;, get out and we have to go into
better techniques of acting and more observation
patrol. But over the whole period over 172 knives
have been taken off suspects, illegal knives and
39 guns since the program, but now not just for
last month, the first figures I gave you were 357
arrests, 333 felonies, about 85% or 90^ felony rate.
The other part of that is an evaluation on the con-
viction rate which we feel tells us that are moni-
toring our techniques and we just got those figures
in on 87 of our cases which went to the courts up
to today. 40 have plead guilty, 35 held to answer
in superior court, two have skipped and have bench
warrants out for their arrests, and 10 were dismissed
so we feel that's a high rate. That is almost 87 % .

V.

Commissioner Murphy: "How many attempted rapes have
you interrupted, do you know? I noticed on the big
19' s that a number of rapes have been committed or
have tried to be committed in the doorways of apart
ment buildings."

Lieutenant Beene : "About three weeks ago Police
Officer Camelia Franklin who was disguised as an
elderly woman in the 600 block of O'Farrell Street,
was attacked by a suspect who had done 9 years for
assault with intent to commit rape. He had just
finished five years for assault with intent to com-
mit rape and when he attempted to drag her into the
doorway, the backup team was right there to capture
him. He said please don't arrest me, I just got out
of prison for the same thing. So that's the only
particular case I can think of. We have had 4 or
5 cases where the suspect was armed however he didn't
use the weapon with our techniques. We try to make
the techniques so that they are-safe- to the citizen,
they are also safe to the police officer and if our
techniques work properly there will be no resistance
by the suspect either. It Is better all around."

Chief Gain: "How many of the perpetrators have
prior arrest convictions, do you know?"

Lieutenant Beene: "We did a study, Chief, on the
first hundred from the record we have back so far
84 out of the hundred, 7 3 adults had records. They
had an average of 12 felony arrests each. They had
an average of 14 misdemeanor arrests each then there
were 13 juveniles that were arrested out of the 1st
hundred and all had previous records. They had an
average of three felony arrests and something like .
3 or 4 misdemeanor arrests. So that was one indi-
cator to us to show us that we are on the right track
and these people are pretty disposed to this type
of criminal act and that we are not getting, "too
many original arrest."

Commissioner Ciani : "I would like to ask you to

- 191 -

comment on something, bur first of till I'd like
to congratulate you and all the officers in your
unit. This is wonderful work and the recent low-
ering of crime statistic;: is largely attributable
to the work of this unit. We have heard a lot
about low morale in the department and I under-
stand that the successes of the officers in your
unit have resulted in some increased espirit de
corp and heightening of morale. I would like
you to comment on that."

Lieutenant Beene : "Really off hand from my own
point of view I do not comment on such things.
Morale does not come from outward, since I've been
a police officer for 17 years, morale, for me, comes
from within. I like police work, I end up working
at places where officers around would like to do
police work. We do police work and we do not worry
about what our morale is, we enjoy doing police work

Commissioner Ciani : "But the successes have bouyed
the spirits of the officers in this unit, I under-
stand . "

Lieutenant Beene: "Success always breeds success
of course and that's what we attempt to do, and
therefore our supervisors have good rapport with
the men in the unit along with our commanding officer
and up and down the chain of command therefore if we
are doing a good job we get credit but that again
does not make my morale go up or down. I like to
do police work . "

Commissioner Gallegos : "Do the officers volunteer
for this or are they assigned?"

Lieutenant Beene: "They are all volunteers that is
one of the secrets to the success. And then they are
screened heavily, they must be experienced, because
we have had about five minor injuries in all those
arrests however, the decoy tactics is highly success-
ful but it could possibly be very dangerous. As the
decoy has to rely on the backup team who are some
distance away. Depending on their ability and we
are getting the type of people that have been armed
and they have robbery in mind, however, our techniques
avoid that but not always. Some of them have retrieved
a wallet and then kicked our men, our decoy or knock-
ed him down or shoved him. And we have techniques
that avoid that problem but it's dangerous work. You
know so, I can't demand a person to be a decoy under
those circumstances. They are volunteers and if you
want to say espirit de corp it's good but we have
many that like to be decoys."

Commissioner Murphy: "You indicated this but do you
think that the training you got in New York was in-
valuable compared to the training and additional know-
how you already had?" .

192 -

Lieutenant Beene : "Invaluable, invaluable, I saw
work from the street cop, I rode with them every
night I talked to supervisors, commanding officers
up and down the chain of command and I saw tech-
niques to evaluate and make the thing go right.
Things I hadn't thought about In my years here
it added to that experience and of course I got
it from the bottom up and from the top down. Many
of the forms that I use are copied from a New York
City Street Crime Unit. They were exceptionally
fine people and really assisted us, I believe back
there . "

Commissioner Murphy: "You're just telling us what
we believed all along, that training pays, the
more training you get, the better you can do your
job."

Lieutenant Beene: "Crime Prevention Company or Crime
Specific Task Froce, I have been around a lot of these
policemen for many years, they are the same caliber
as the officers I saw in the cream o'the crop type
unit in New York City, but we are missing on some of
the techniques, so the training needed to be done.
Now that my officers have the techniques and I'm
not boasting, but I can give them in a few hours
of training and assist them, they are as good as
New York City Police Department. I wouldn't put our
guys down at all, but we did need the training. And
that's what we gained from that."

Commissioner Siggins : "Thank you very much Lieutenant
Beene." Chief Gain_;"Qne thing I want to emphasize
too is that we're convinced that given resources and
innovative measures that the officers are taking parti-
cularly under Lieutenant Beene 's leadership, we can
in fact have very favorable effect on reducing street
visible crime such as strongarm robberies and forcible
rape on the streets. That's t-he- whole essence of police
work. When it comes to crimes itself, residential
burglaries and crimes committed outside the visibility
of the police, it is very difficult. What we are going
to find in our reported crime, in the actual crime
occurring, is that with resources and with this type
of techniques, we can reduce street visible crime and
we find residential burglaries may go up and the gen-
eral theft category may go up so we are getting re-
sults now that would pertain to it. We do have an
item, we didn't set the stage for, the supplemental
budget request but the pointed fact is that funding
that was provided for by the Mayor and Board of Sup-
ervisors from the day after Thanksgiving through
March 15, is just about run out, we have just about
$100,000 so what we've done, we've analyized supple-
mental budget requests, because we want to continue
this unit of course with results from overtime pay.
until the present recruit school terminates which
will be In July. That is an agenda item we will be
discussing later. This unit is so significant that
if we can continue it as a bridge of the officers in
school and the vacancies, we feel that we can con-
tinue with these type of results. I have talked to

l

i )

193

a couple of my colleagues in other cities and you
may know them Lieutenant Beene, and they know some-
thing is going on here because some of our persons
who commit crimes, I understand, are going else-
where to do it . So that displacement factor is to
your credit. That concludes my report."

RESOLUTION NO. 120-77

AMENDING PART II, CHAPTER 8, OF THE SAN FRANCISCO
MUNICIPAL CODE (POLICE CODE) BY AMENDING SECTION
1088 THEREOF TO DELETE THAT PORTION OF SECTION 1088(f)
WHICH REQUIRES THAT JITNEY BUS OPERATORS BE CITIZENS.

RESOLVED, that the Board of Supervisors, be,
and they are hereby requested to Amend Part II, Chap-
ter 8, of the San Francisco Municipal Code (Police Code'
by amending Section 1088 thereof to delete that por-
tion of Section 1088 (f) which requires that jitney
bus operators be citizens, as follows:

Be it ordained by the People of the City and County
of San Francisco:

Section 1. Part II, Chapter 8, of the San
Francisco Municipal Code (Police Code) is hereby
amended to read as follows:

SEC. 1088. Requirements of Application. Appli-
cation for a"jitney bus" permit shall be made in writ-
ing and filed with the . Chief . of ' Police annually on .or
before the 15th day of December and shall state:

(a) The type of motor vehicle and the name of
the manufacturer or popular name thereof;

(b) The horsepower thereof;

(c) The factory number and state license number
thereof ;

(d) The seating capacity thereof according to
its trade rating;

(e) The name of the owner or lessee and of the
.person to be in immediate charge thereof as

operator or chauffeur and the number of his
state license,

- 19 ^ -

(f) That the operator has been a resident

of the City and County of San Francisco

for more than one (1) year; or now has

a permit and has heretofore taken out

his first papers;

a i a

(g) Whether the driver has had a six (6)

months' experience in operating automobiles
over the streets of the City and County of
San Francisco as hereinafter provided;

(h) Tnat the driver is physically qualified to
drive a motor car safely and that said
driver's hearing and eyesight are unimpaired;

(i) The streets over which the applicant proposes
to operate; subject, however, to change upon
written application to and approval by the

Chief of Police;

a
( j ) The driver shall pass an oral examination

I

as to knowledge of traffic laws and rules

of the city and county;
(k) The signature of each applicant shall be

acknowledged before a notary public or some
other officer or magistrate duly authorised
to administer oaths. At the same time and
in the same manner as herein provided, ap-
plication shall be made to renew the chau-
ffeur's permit by each and every operator or
chauffeur of a" jitney bus."

APPROVED AS TO FORM: pt

THOMAS M. O'CONNOR I

City Attorney

By:

Deputy City Attorney

AYES: Commissioners Ciani ,Gallegos Murphy
Siggins

NOT VOTING: Commissioner Hall

195

MR. J. WILLIAM Ri . A3 AS DISCUSSION RELATIVE TO
PUBLIC CONVENIENCE AND NECESSITY.

Commissioner Siggins : 'Mr. Roberts, as you recall
last week we had the Department go back into the
history of your application of 1968 and they have
submitted a report on your application. In 1968
the Police Commission held public hearings on
applications submitted by 312 persons Including
yourself for public convenience and necessity to
operate taxi-cabs in San Francisco. Your application
was for 2k permits. After those hearings were con-
cluded the Commission granted a total of 109 permits
and of those issued you were not one of the recip-
ients. Therefore you were denied a permit at that
time. The Commissioners did set up guidelines for
those who were unsuccessful to appeal their decis-
ion. We have all of the copies of the Police Com-
mission nearings that would have any purtenance to
you. You did testify at these hearings at that
time, under oath, but your application and numerous
others were denied. The denial comes within the
discretion of the Commission."

Mr. J. William Roberts: "Okay, I would like a copy
of the material that you have, and as I understand
that where it said that I was given the opportunity
to give my convenience and necessity that was just
in the minutes of the meeting in which they okayed
the minutes. I contend that this is not true that
I was not given the opportunity to give my public
convenience and necessities, they denied it, they
said they didn't nave time and they said that before
a full room this place was packed. I told them that
when they had the time to notify me and I would ap-
pear and I was never notified. Now if you are going
to go by the minutes of that meeting I was given that
I was given this, I would like for you to have you
send one of your officers to the former Police Com-
missioners and ask them to give '"a notarized affidavit
stating that I was able to give my public convenience
and necessity, and that they heard me. And when you
get that notarized affidavit I will take it to the
District Attorney and ask him what can be done about
giving false testimony or making false record:;."

Commissioner Siggins then stated to Mr. Roberts that
he didn't think anyone would be willing to give an
affidavit on something that happened as far back as
1968. He further stated that the persons who were
granted the 109 permits were notified when their names
were printed in the newspaper and those were not suc-
cessful were given the opportunity to appeal to the
Board of Permit Appeals .

Commissioner Ciani - stated that if the names of those
who were successful is published in the paper that
probably constituted constructive notice to both those
who were successful and those who were not successful
and to the rest of the public.

-196 -

'.'v. I rtfi then stated Vnat lie had not read it
in the a] rs I i he had just recently been told
it was in the papers and that he had been waiting
all of these years to be notified by the Commission,
lie said the next step for him when he gets the
letter stating that he had been denied his permits,
then he would take that letter to the Board of
Permit Appeals and fight it out there.

Commissioner Sig ;in
a letter but he stat
is that the effect o
December lb, 196
while granting permi
said he would give h
mat ion that had 1 een
any type of material
Board of Permit Appe
this matter had been
go and he then advis
to file a new applic
that he was untimely
with the Board of Pe
that he would read t
tonight and then con

s stated that ne ,;ould get him
ed that what he said previously
f the order of theCommission on
s to deny Mr. Roberts application
ts to other applicants, but he
im the letter and also the infor-

gathered by the Department and

that he wanted to go to the
als. He stated that he thought

stretched out as far as it should
ed Mr.- Roberts that if he wanted
ation he could but he would suggest

as far as appealing the old one
rmit Appeals. Mr. Roberts stated
he materials presented to him
tact his attorney.

RESOLUTION NO. 118-77

REQUEST FOR SUPPLEMENTAL APPROPRIATION

RESOLVED, that the Controller bej and he
is hereby requested to draw a Supplemental Appropria-
tion in the amount of $5,571-00 from the following
appropriation numbers in the amounts shown:

Appropriation No. 6 . l6l . 110 . 000 . 000

Permanent Salaries-Uniform Force

Appropriation No. 6. 161.863. 000 . 000
Mandatory Fringe Benefits
Transfer to 6.697.860.000
Transfer to 6 . 699 . 865 . 000

>3,172

$2

344
55

$5,571

and credit it to the following appropriations in
the amounts indicated:

Appropriation No. 6 . lbl . 110 . 001 . 000

Permanent Salaries - Civilian

Appropriation No. 6 . lbl . 863 . 000 . 000
Mandatory Fringe Benefits
Transfer to 6.123.862.000
Transfer to 6.697-860.000
Transfer to 6.699-865-000
Compensation Reserve (Surplus)

$3;3l0

$

V

223

702

55

V

$5

781
,571

uo reclassify one (1
8178 Senior Attorney

Q2 police officer to one (1

AYES: ■: :.:..' ' s ' ->r.--r.- 'iai -, iallegos, Murphy,
Siggins

Mrvn ifniPT'if1.

' j-\ mm 1 c?

1 n ^rt o v> T-Tnl

197

■..' i ,UTION WO. 1J 9-77

REQUEST FOR SUPPLEMENTAL APPROPRIATION

RESOLVED, that the Controller be, and he Is
hereby requested to draw a Supplemental Appropriation •
in the amount of $335,600 from the following appropria-
tion numbers in the amounts shown:

Appropriation No. 6 . l6l . 110 . 000

Permanent Salaries-Uniform Force $260,600
Appropriation No. 6 . l6l . Ill . 000

Extra Duty-Uniform Force $ 75,000

$335,600

and credit it to the following appropriation in the
amount indicated:

Appropriation No. 6 . l6l . 990 . 980 . 000

Expansion of Street Patrol Activities $335,600

to continue Street Crime Unit for remainder of fiscal
year .

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 111-77

SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1977/78 - SAN
FRANCISCO POLICE DEPARTMENT. ..- -

RESOLVED, that the Supplemental Budget of
the San Francisco Police Department for the Fiscal
Year 1977/78, as submitted by Chief of Police Charles
R. Gain in the following amount, be, and the same is
hereby approved.

SUPPLEMENTAL BUDGET - $227, 66J

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

SECONDARY EMPLOYMENT

Chief Gain: "Mr. President, under my reports I was
going to have Chief Mullen give a status report on

- 198

Secondary Employment, there was some 500 persons
listed and we found in a cursory examination of
that some of them no longer worked. So a directive
was put out for those members who are engaged in
secondary employment to submit new applications, that
the old ones were terminated and with your permission
I will have Chief Mullen give you a status report .of
where we are with that project."

Deputy Chief Mullen: "The Chief just gave half
of my report. There were 550 people listed as
being engaged in Secondary Employment. We issued
a General Order under the Chief's authority because
of pervious Permanent Orders that we cancelled it
out. We cancelled all previous request, approved
request for Secondary Employment and required that
everybody submit a new one on or about March 3rd.
We have received 260 some odd applications. They
are presently being assembled according to category
of employment to present a report to the Commission
on just what the picture is in regards to Secondary
Employment. You have asked that it be delivered to
you seven days before it is calendared for discussion
and we will do that. Additionally, we are drafting
and have drafted a staff recommended policy and pro-
cedure statement in regard to Secondary Employment,
we need more work on it to see if we need any- more
elements to that and we will also present that to
you for your consideration and discussion. Before
that of course we will give you a profile on what
types of employment these 260 persons are engaged
in and who they are."

HEARING OF APPEAL OF SUSPENSION WITHOUT PAY OF
TRAFFIC CONTROLMAN BRUTES BRENT, TRAFFIC BUREAU

The hearing of the appeal of the suspension
of Traffic Controlman Brutes Brent, was called, it
having been set for this date. Traffic Controlman
Brent appeared in person and was represented by Mr.
James J. Diggins, Civil Service Association, Local
400.

Sergeant David P. Roche, Legal Office,
appeared as Prosecutor for the Police Department

The following-named witnesses appeared
for the Prosecution, were sworn and testified:

Lieutenant Vincent Senatore
Traffic Bureau

Sergeant Gale W. Wright
Traffic Bureau

- 199 -

Deputy Chief of Field Operations
Donald L. Tavl< r

The following-named witness appeared for
the Defense, was sworn and testified:

Traffic Controlman Brutes Brent
Traffic Bureau

The following exhibit was entered into
Evidence by the Prosecution:

Exhibit No . 1 - Intra-Departmental Memor-
andum from Lieutenant Vincent
J. Senatore, Traffic Bureau,
dated October 10, 1976, and
acknowledged by Traffic Con-
trolman Brutes Brent .

A closing argument was then presented by
Mr. James J. Diggins.

The Commission took the matter under sub-
mission and then recessed from 2000 hours to 2008
hours after which the following resolution was adopted

RESOLUTION NO. 121-77

DECISION - HEARING OP APPEAL OF SUSPENSION WITHOUT
PAY OF PARKING CONTROLMAN BRUTES BRENT, TRAFFIC BUREAU

WHEREAS, Parking Controlman Brutes Brent,
Traffic Bureau, was suspended without pay by the
Chief of Police pursuant to Section 8.3^3 of the
Charter of the City and County of San Francisco, and
Rule 3.06 of the Rules and Procedures of the San Fran-
cisco Police Department, for a period of five (5) work-
ing days commencing at 0001 hours on Wednesday, Feb-
ruary 16, 1977, and terminating at 0001 hours, Wednes-
day, February 23, 1977; and

WHEREAS, pursuant to Rule 5.160 of the Rules
and Procedures of the San Francisco Police Department,
Traffic Controlman Brutes Brent, Traffic Bureau, did
file with the Secretary of the Police Commission a
written appeal of his suspension by the Chief of Police
and

WHEREAS, a hearing on said suspension was
heard by the Police Commission on Wednesday, March 16
1977, and on Wednesday , March 16, 1977, the matter was
submitted to the Police Commission for decision; and

WHEREAS, the Police Commission finds that
said charges made and filed against Parking Control-
man Brutes Brent are sustained by the evidence pre-
sented at the said hearing held on March lb, 1977, and
that Traffic Controlman orutes Brent • violated Section
2 . ;) 5 of the Rules and Procedures of the San Francisco

JO -

ROBERT E. LEE AND HIS ATTORNEY
MICHAEL G. BLUM

Police Department ; therefore be it

RESOLVED, that it is the order of the
Police Commission that the Chief's suspension of
Traffic Controlman Brutes Brent, Traffic Bureau,
from duty without pay for five (5) working days
commencing at 0001 hours on Wednesday, FeDruary
16, 1977 , and terminating; at 0001 hours, Wednesday,
February 23, 1977, be, and the same is hereby af-
firmed and approved .

AYES: Commissioners Ciani, Gallegos, Murphy
Siggins

NOT VOTING: Commissioner Hall
Recess: 2000 hours to 2008 hours

(The entire proceedings were taken
in shorthand form by Hearing Reporter
Dorsey A. McTaggart , C.S.R.)

RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendations of the

Traffic Bureau on the installatio nf zoning for the

regulation of traffic on the public streets, be, and
the same are hereby approved:

2350 GREEN STRET - ST. VINCENT DE PAUL SCHOOL

a) At 2350 Green Street, install a 317'
white zone, from 73' - 390 ! west of
Steiner Street.

746 BROADWAY STREET - AGADIR MOROCCAN RESTAURANT

a) At 746 Broadway Street, install a 22'
white zone, to extend from 8' - 30'
west of east property line - (ALSO
REMOVE PARKING METER UN-1938.)

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 112-77

RESOLVED, that the recommendation of the

201 -

City Attorney for settlement of litigation of
Robert E. Lee in the sum. of $12,000 in Superior
Court Action No. 675-557 entitled "Robert E. Lee
vs City and County of San Francisco, et al . , " as
the result of damages sustained, be, and the same
is hereby approv I.

Date of Accident: February 5, 1974

AYES: Commissioners Ciani, Callegos, Muprhy,
Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 113-77

DOOK G. WONG AND HER ATTORNEY
JOSEPH A. FILIPPELLI

RESOLVED, that the recommendation of the
City Attorney for settlemetn of litigation of Dook
G. Wong in the sum of $500.00 in Superior Court Action
No. 675-104 entitled "Dook G. Wong vs. City and County
of San Francisco, et al.," as the result of damages
sustained, be, and the same is hereby approved.

Date of Incident: December 18, 1973

AYES: Commissioners Ciani, Gallegos, Murphy ,
Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 114-77

AUTHORIZING ATTENDANCE OF CAPTAIN JAMES P. SHANNON
AND INSPECTOR CECIL M . PHARRIS, PERSONNEL AND TRAIN-
ING, AT A CONFERENCE ON EQUAL EMPLOYMENT OPPORTUNITY
AT THE JACK TAR HOTEL IN SAN FRANCISCO, CALIFORNIA,
ON MARCH 24, 1977 AND MARCH 25, 1977-

RESOLVED, that the recommendation of the
Chief of Police that Captain James P. Shannon and
Inspector Cecil M. Pharris, be detailed to attend
a conference on Equal Employment Opportunity at the
Jack Tar Hotel in San Francisco, California, on
March 24, 1977 and March 25, 1977, be, and the same
is hereby approved; and be it further

RESOLVED, that expenses incurred by Captain
James P. Shannon and Inspector Cecil Pharris in a sum
not to exceed $202.00 each will be defrayed by the

- 202 -

Police Department's Police Officers' Training- Fund .

AYES: Commissioners C'iani, Gallegos, Murphy
Si grins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 115-77

AUTHORIZING ATTENDANCE OF SERGEANT TIMOTHY J. THORSEN,
CRIME PREVENTION EDUCATION UNIT, AT THE CALIFORNIA
CRIME PREVENTION INSTITUTE AT POMONA, CALIFORNIA, FROM'
APRIL 17, 1977 TO APRIL 29, 1977, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Sergeant Timothy J. Thorsen,
Crime Prevention Education Unit, be detailed to attend
the California Crime Prevention Institute at Pomona,
California, from April 17, 1977 to April 29, 1977, be,
and the same is hereby approved; and be it further

RESOLVED, that expenses Incurred by Sergeant
Timothy J. Thorsen in a sum not to exceed $688.00 will
be defrayed by the Police Department's Police Officers'
Training Fund. %

)

AYES: Commissioners Ciani, Gallegos, Murphy

Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 116-77

RECOMMENDATION OF THE CHIEF OF POLICE FOR APPROVAL
OF TRAVEL, EXPENSES INCURRED BY POLICE OFFICER JOHN
F. DEVINE, SPECIAL ASSISTANT TO THE CHIEF OF POLICE,
AT A SEMINAR ON ALCOHOLISM AT THE UNIVERSITY OF CAL-
IFORNIA, SANTA CRUZ, CALIFORNIA, ON MARCH 5, 1977 AND
MARCH 6, 1977, INCLUSIVE

WHEREAS, on the recommendation of the Chief
of Police Police Officer John F.Devine, received per-
mission from the Police Cormjiission to attend a Sem-
inar on Alcoholism at the University of California,
Santa Cruz, California; and

WHEREAS, Police Officer John F. Devine did
travel to Santa Cruz, California, from March 5, 1977
to March 6, 1977, inclusive; therefore be it

RESOLVED, that expenses in the amount of
$105.00 incurred by Police Officer John F. Devine,

203

while attending this course will be defrayed by the
Police Department's Police Officers' Training Fund.

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

WEEKLY SICK REPORT

Chief of Police Charles R. Gain, submitted
a report of members of the Department off duty due
to sickness and disability for the week ending Tues-
day, March 8, 1977, as follows:

PREVIOUS WEEK

Daily average for the week sick 72 88

Daily average for the week dis-
abled 79 76

TOTALS 151 164

This is a decrease of thirteen (13) members off duty
daily from the previous week.

Daily percentage for the week sick 3.53

Daily percentage for the week disabled 4 . 85

TOTAL 8.38

Disabled at start of week •- 77

Started during the week 15

Returned during the week 11

Disabled at end of week 8l

Net Gain or Loss + 4

SICK AND DISABLED FOR THE WEEK ENDING SATURDAY,
MARCH 6, 1976 AT 2400 HOURS.

Daily average for the week sick 63

Daily average for the week disabled 102

TOTAL 165
Daily percentage for the week sick 3-42

Daily percentage for the week disabled 5-67

TOTAL 9.09

- 204

SICK AND DISABLED FOR THE WEEK ENDING TUESDAY,
FEBRUARY 15, 1977 AT 2^100 HOURS.

Daily average for the week sick
Daily average for the week disabled

TOTAL

73
8^

157

1

Daily percentage for the week sick 3-6l
Daily percentage for the week disabled 5-13

TOTAL 8.7^

The report was ordered filed

■ AYES: Commissioners Ciani, Gallegos, Murphy
Siggins

NOT VOTING: Commissioner Hall

The Commission then adjourned its meeting.

W^

- 205 -

23 MARCH 1977 1 , • . REGULAR MEETING

•<

•2S"

The Police Commission f the 'City and
County oJ^,3an Francisco, met in their chambers,
Room 551, Hall of Justice, 350 Bryant Street, on
Wednesday, March 23, 1977 at 1730 hours in regular
session .

PRESENT: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

Commissioner Siggins presiding,

The members of the Commission, having
been furnished copies of the minutes of the meet-
ing of February 9, 1977, reading of same was dis-
pensed with and the minutes were approved.

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

MAY 6 1977

MR. LIONEL URIARTE OF LULAC

"May I address the Commissioners for a minute or less
than a minute? I would like to see if I could get on
the agenda for the next meeting of the Commission.
Specifically, I would like to address the way that
some of the Commissions and the Police Commission per
se has operated In the past. We have made some pre-
sentations to this Commission and the Commission has
taken the attitude of taking the information and mak-
ing their own decisions in Executive Committee Meet-
ings. We think this is a violation of the Sunshine
Act, we would like to bring it to your attention. We
also have a plan to take a look at the Police Depart-
ment and various Departments and we would like to
make a presentation to this Commission, but before
we do that, we would like to make aware to the Commis-
sion that we are very concerned as to the goal of
making decisions in Executive Committee. Because we
lose the benefit of debate and also other comments."

Commissioner Ciani: "Can you cite one instance in
which we have done this, because I don't believe we
have done this."

Mr. Uriarte: "Yes, when we were here to make a pre-
sentation on the Rodney Williams case in Community Re-
lations later on, the time when we moved upstairs in
the auditorium, at that time it was expressed by Mr.
Siggins that we could make our presentations and that
the Commission, in Executive Committee, was going to
be making a decision on it."

Commissioner Ciani: "Well, if you read the Sunshine Act

i

- 206 -

which you referred to that's the Brown Act, 'you
will see that the major exception is for personnel
matters. There is a good reason for that because
we don't want to discuss publicly matters that
would reflect on the individual character of any
person and the Rodney Williams matter fell squarely
within that exception and it was properly applied
in that case. "

Mr. Uriarte: "Well, I think my understanding was
that the purpose of some of the participants was
the Community Relations Unit per se, not just the
personnel case of Rodney Williams, which you know,
he was also, to some extent enter it sometime. But
I think other occasions, and it isn't only this Com-
mission, others have been doing the same thing, and
we would like to bring it to your attention."

Commissioner Gallegos: "Mr. Uriarte, may I suggest
this, why don't you see Sergeant Frazier, discuss
your interest on Agenda Items with him or with Richard
Siggins, who is the President of the Commission. Based
on whether he feels we need some specific information
in writing, first1, he can arrange it as calendar item
or perhaps discuss this with you without having to
do it before the Commission."

Commissioner Murphy: "I would like to say something
else here because I think we have been very sensi-
tive, to the fact that we must not discuss and make
decisions on things other than personnel in Executive
Sessions and I would be very surprised if we really
had done what you think we've done."

Commissioner Ciani : "I note that members of the
press are here. I don't think that you have estab-
lished that we have ever acted improperly and I am
very concerned that you not make an unsupported alle-
gation like that when, as Commissioner Murphy says,
we have tried so assidously to honor both the spirit
and the letter of the Brown Act."

Mr. Uriarte: "I am not going to challenge the Com-
mission after that, I think you have taken notice
of our concern and it is sufficient for the time being,
we would later on like to make a presentation to this
Commission on behalf of our Community."

Commissioner Gallegos: "Why don't you discuss it
with Sergeant Frazier during the week and then with
Commissioner Siggins if you feel that you must and
I.- am sure some arrangement can be made for you."

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "We sent a letter to the Commission in-
forming the Commission of legislation pending in

! *-'

- 207 -

regards to binding arbitration. My report would
consist of having Chief Mullen who has worked with
this matter, review the letter with you for the
purpose of our recommending to you that you calendar
it for next week, so that the Commission can enter-
tain whether they will take a position on that and
to invite the representative of the Police Officers'
Association to be here also for input. Chief Mullen,

Deputy Chief Mullen: "You have before you a letter
which addresses itself to Senate Bill 164 and it
concerns adding and amending Sections of the exist-
ing laws relating to local safety employees includ-
ing police officers. The law is commonly referred
to as the Meyers, Milias, Brown Act, particularly
any legislative history that reflects on why it was
originally passed in a form which does not provide
for binding arbitration. That must have been con-
sidered at the time and there must be stated reasons
in the legislative report for the Bill."

Deputy Chief Mullen: "Very well."
Chief Gain: "That concludes my report

Commissioner Gallegos: "Alright then, we will cal-
endar this for the 30th and invite the P.O. A., Officers
for Justice and the Supervisory Officers Association."

Commissioner Ciani : "Is there any possibility that
it would be necessary or advisable for us to have
a position before next week? Are there other events
coming up in the interim, so that it would be helpful
for us to recommend a position?"

Deputy Chief Mullen: "Well, there is a committee
meeting before next week but if anything is decided
there it has to be submitted to the full Board a
week later so there would be an opportunity to pre-
sent the policy position to the full Board, that is
assuming it was sent directly from the committee to
the full Board and I don't know exactly how they are
going to do that. So there will be an opportunity
to address the Board of Supervisors on this issue
with a uniform: policy."

Commissioner Gallegos: "You are raising the question
of whether there should be some preliminary statement
of what our position would be?"

Commissioner Ciani:' "I think it would be premature
for us to vote on any position until we have had
the open discussion next week, but I would observe
that it affects this Commission only so far as work-
ing conditions are concerned because we don't get
involved in negotiations or meet and confer sessions

- 208 -

for salaries or vacations, which I believe are
also outside of our jurisdiction. But I think-
that from our experience, as a preliminary mat-
ter, we probably agree that binding arbitration
would be very unwholesome as far as our juris-
diction over working conditions is concerned."

Commissioner Gallegos : "I like your idea of
having legal council look at it and maybe send
us some material ahead of time. That way we can
get some view of the alternatives involved."

Commissioner Murphy: "Is it true we have no
jurisdiction. . .oh I know we do over working con-
ditions, but, no jurisdiction over vacation sched-
ules and that sort of thinn;."

Chief Gain: "Not schedules, but the length of vaca-

tions

That is in the Charter

Commissioner Murphy: "That is in the Charter as
well as salaries. I see."

Chief Gain: "No, schedules would not be within
our jurisdiction."

RESOLUTION NO. 125-77

PATROL SPECIAL OFFICER KENT BRANDT - REVOKED

RESOLVED, that the appointment of Kent
Brandt for Beat No. 51, Central Police District,
be, and the same is hereby revoked effective March
23, 1977, he having sold his beat to Assistant
Patrol Special Officer Robert J. Hart.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, SIggins

RESOLUTION NO. 126-77

PATROL SPECIAL OFFICER ROBERT J. HART - APPROVED

RESOLVED, that Robert J. Hart, be, and
he is hereby appointed a Patrol Special Officer
for Beat No. 51, Central Police District; said
appointment effective March 23, 1977, he having
purchased Beat No. 51, Central Police District,
from Kent Brandt .

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

- 209

RESOLUTION NO. 127-77

HEARING OF INSPECTOR RONALD LIMNEOS, JUVENILE
BUREAU

WHEREAS, the hearing of Inspector Ronald
Limneos, Juvenile Bureau, was called, It having
been set for this date; and

WHEREAS, Mr. George Walker, Attorney
at Law, who is representing Inspector Ronald
Limneos, has requested that a date for the hear-
ing be set after the criminal proceedings have
been disposed of in this matter; therefore be it

RESOLVED, that the date for the hear-
ing of the disciplinary charges filed against
Inspector Ronald Limneos, be, and the same is
hereby continued off calendar.

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

RESOLUTION NO. 128-77

BUILDING AND GROUNDS; Pl.TRDLMAN"'VERNON:r£AS.TER, -^ SOUTHERN
POLICE STATION.

WHEREAS, the hearing of Building and Grounds
Patrolman Vernon Easter, Southern Police Station, was
called, it having been set for this date; and

WHEREAS, Building and Grounds Patrolman
Vernon Easter appeared in person with his repre-
sentative, Louise Statzer, arid requested a contin-
uance of two weeks In this matter ;theref ore be it

RESOLVED, that the request of Building and
Grounds Patrolman Vernon Easter, Southern Police Sta-
tion, for a continuance in this matter, be, and the
same is hereby approved and continued to Wednesday,
April 6, 1977, at 5=30 p.m., in Room 551, Hall of
Justice .

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

AMENDING PART I, CHAPTER VIII, SAN FRANCISCO MUNICIPAL
CODE BY ADDING THERETO SECTION 1165. 1, DEFINING MOTORIZED
RICKSHAWS: BY ADDING THERETO SECTION 1079-1, THEREOF EX-
EMPTING MOTORIZED RICKSHAWS FROM CONTINUOUS OPERATION;
ADDING THERETO SECTION 1135-2, PROVIDING FOR RATES OF

t

- 210-

MOTORIZED RICKSHAWS: BY ADDING THERETO SECTION 1182
PROVIDING FOR REGULATION OF MOTORIZED RICKSHAWS ANd'
ADDING THERETO SECTION 1182.1, PROVIDING FOR A GRAND-
FATHER CLAUSE - HELD OVER BY REQUEST OF MR. JUNG.

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

PILOT PROGRAM OF THE OFFICE OF CITIZEN COMPLAINTS

Commissioner Ciani: "We put into the budget as you
know, my pilot -program or the Murphy, Ciani pilot
program for the OCC."

Commissioner Gallegos : "Why don't you state what
it is."

Commissioner Ciani: "Well, It consists of putting
authorization in the budget for the hiring of eight
civilian investigators, and one civilian supervising
officer for the year, for the purpose of evaluating
the effectiveness of using civilians to perform the
fact gathering process in the processing of complaints
against police officers. 4 It also includes provision
for establishing an officer for the filing of com-
plaints by civilians in an office that is outside of
police department premises or police stations. Also,
it provides funds for the payment of Hearing Officers
who would attempt to resolve some of the simpler mat-
ters at an early stage so they will not have to come
before the Commission. This was discussed by us in
terms of budgetary considerations without giving very
much thought or flesh to the way it would be imple-
mented by way of department procedures and rules and
how this pilot program would fit into the present
Internal Affairs Bureau. So I suggest that we ought
to prepare to take some kind of a position and pass
a resolution which would outline our intention as to
how this would fit into the Police Department's opera-
tions. I think we ought to take that up next "week,
but I x^anted to give some notice of it both to the
public and to the others of the Commission so that
we can be thinking about it. I will be circulating
a memorandum that will contain my own thoughts about
it. But before this comes up during the budget process,
questions will be asked by the Mayor's Office and Sup-
ervisors about the details. I think we ought to be
prepared by having discussed it and resolved some of
the details . "

Commissioner Gallegos: "In light of the fact that
we have asked for additional comments from the POA,
do you want to wait until that comes up on the 13th
or do you want to do it before?"

Commissioner Ciani: "I think we need some basis for

•"'■'■

- 211

discussing the procedures with the POA as well as
discussing the matters that have already been in-
cluded in our budget resolution."

Commissioner Murphy: "I think there could also be
added to whatever has been proposed so far two or
three other proposals which we may want to think
about. For example, if we aren't allowed the money
or can't find a place where we could have a complete
separate office set up, we could have one or two
staff stationed around in the community who would
have office hours, regular office hours, in say a
branch library, or a YMCA where people could go and
make their complaints without coming to Bryant
Street or City Hall or whatever, or to a regular
police station. It is that kind of thing that might
not cost as much as having a full office. I think
some alternatives might be suggested for discussion
with the POA as well as with the Board of Supervisors

Commissioner Hall: "May I ask, Judy, are you suggest-
ing that we have a public hearing before meeting with
the POA on it?"

Commissioner Ciani : "No. But I think that 'any action
that we take should be taken publicly and I think that
it is incumbent on us having put into the budget the
request for this pilot program, to now flesh it out
with some of the details as to how we intend it to
operate, were funds to be granted."

Commissioner Hall: "Well, the POA wants to meet on
the 6th and the 13th. "

Commissioner Ciani: "Right, but I think if we indi-
cate our intention on this, then that too would form
the basis for discussion with the POA. As it is they
don't really know what we have in mind until we discuss
it and express some preferences as to how it works.
Then it would still of course, be open to discussion
with them."

Commissioner Gallegos : "We also have in consideration
Chief, the procedural matters that has yet to be devel-
oped. "

Chief Gain: "That's in the process, well under way
as I recall, the last thing out, at this time we are
waiting for community members to do some work on it."

Commissioner Gallegos: "Well, when would you like
to have this done?"

Commissioner Ciani: "I think it should go on next

week even if we don't finish it. I think the time

is getting short and the questions will start being
asked and we ought to do it right away."

- 212

Commissioner Gallegos : "Fine, so let's put. this
on calendar for next week Sergeant."

Commissioner Murphy: "Do you think that you can
have it ready, for us staff-wise?"

Chief Gain: "Well, as I understand it, Commissioner
Ciani is going to circulate the document that will
be the basis for discussion next week and there is no
staff work to be done as I understand it."

Commissioner Ciani: "Well, I may have some questions
for you in preparing that and I don't think it is a
major piece of staff work."

Chief Gain: "We will distribute by Monday to all the
Commissioners, a draft document for discussion next
Wednesday. How is that?"

Commissioner Gallegos: "Well Chief, I think my con-
cern is that there were some non-budget items in the
OCC oroposal tnat are very important, for example, the
matter of bi-lingual complaint forms and the numbering
of forms. Those are non-budgetary items and they may
have some bearing on improving the quality of the
Internal Affairs Bureau regardless of how we go on
this."

Chief Gain: "Amitai Schwartz will be meeting with
Captain McSweeney and they have developed all of the
procedural matters that you refer to and I anticipate
by next week we will have a draft of that."

Commissioner Murphy: "Well, that is the kind of thing
that I would like to see as well as whatever Commissioner
Ciani develops."

Chief Gain: "Of course I think those are two sepa-
rate issues."

Commissioner Ciani: "They are two separate things
but I "

Commissioner Murphy: "I think they have bearing on
each other in a sense because you don't want to abso-
lutely denude the Internal Affairs Bureau, for example,
without some assurance we will get a civilian unit."

Commissioner Ciani: "But now you are taking about
the subject I was addressing as opposed to the pro-
cedural matters which the Chief is working on."

Commissioner Gallegos: "Well, I would like to begin
to see some of those things."

m

213 -

Commissioner Ciani: "Yes, the procedural thing,
right. We were led to believe that that would be
ready by now. It was suppose. to be ready months

Chief Gain: "Months ago, three weeks as I recall,
the first time that I stated that. Somehow that
has been expanded."

Commissioner Gallegos: "Okay."

HEARING OF POLICE OFFICER DONALD W. BREWER, TARAVAL
POLICE STATION

The hearing of Police Officer Donald W.
Brewer, Taraval Police Station, was called, it hav-
ing been set for this date. Police Officer Donald
W. Brewer was charged with violating the Rules and
Procedures, as follows :

SPECIFICATION NO. 1

Failure to enforce the Rules and
Procedures of the San Francisco
Police Department.)

in a properly verified complaint by Cornelius P.
Murphy, Captain of Police, Commanding Officer of the
Taraval Police Station:

Police Officer Donald W. Brewer appeared
in person and was represented by Mr. Stephen Bruce
Bley, Attorney at Law.

Sergeant David P. Roche, Legal Office,
appeared as the Prosecutor for the Police Department

The reading of the Charges was waived.

Police Officer Donald W. Brewer entered
a plea of "not guilty" to Specification No. 1.

The following-named witnesses appeared for
the Prosecution, Were sworn and testified:

Mr. Robert J. Manley

240 San Manito

San Bruno, California

Mr. David Dudley

2006 - 46th Avenue

San Francisco, California

- 214 -

Mr. Robert Quinn

297A Joost Avenue

San Francisco, California

The following exhibit was entered into
Evidence by the Prosecution:

Exhibit No. 1 -

One 3,x2' scale drawing
of Taraval Police? Station,
business and jail sections.
Sides A & B. "A" primarily,
business. "B" jail area.

Sergeant David P. Roche, Legal Office
waived closing statement.

The Commission then called both attorneys
to the Bench and whereafter the following resolution
was adopted dismissing the charges.

A closing statement was then presented by
Mr. Stephen Bruce Bley, Defense Attorney.

RESOLUTION NO. 129-77

DECISION - HEARING OF POLICE OFFICER DONALD W. BREWER,
TARAVAL POLICE STATION.

WHEREAS, on January 14, 1977, Cornelius P,
Murphy, Captain of Police, Commanding Officer of
Taraval Police Station, made and served charges
against Police Officer Donald W. Brewer, as follows:

SPECIFICATION NO. 1

a) On Wednesday, February 4 _, 1976,

at or about 0300 hours, the accused
was assigned by his superior officer
as Station Keeper at the Taraval
Police Station,

b) At or about 0220 hours on Wednesday,
February 4, 1976, two suspects were
brought into the Taraval Police Station
for investigation relating to a dis-
turbance on a Municipal Railway bus;

The accused, in the absence of the
Platoon Commander, was the ranking
officer on duty at this time;

d) The above-stated suspects were unlaw-
fully struck by members of the San
Francisco Police Department at the f
above-stated time and in the presence
of the accused,

- 215 -

e) The accused failed to exercise
his authority in preventing the
unlawful striking.

f) Because of the above-stated conduct,
the accused did violate Section 8.145
of the Rules and Procedures of the
San Francisco Police Department, which
reads as follows :

"8.145. Shall, during the absence of

the platoon commander from the
station, be the ranking officer
on duty and shall be obeyed and
respected accordingly."

and

WHEREAS, a hearing on said charges was had
before the Police Commission pursuant to Section 8.343
of the Charter of the City and County of San Francisco
on Wednesday, March 23, 1977, and that on Wednesday,
March 23, 1977, the matter was submitted to the Police
Commission for decision; and

WHEREAS, the Police Commission finds that
the said charges made and filed against Police Officer
Donald W. Brewer, Taraval Police Station, as contained
in Specification No. 1, are not sustained by the evi-
dence presented at the hearing and that Police Officer
Donald W. Brewer has not violated Section 8.145 of the
Rules and Procedures of the San Francisco Police De-
partment; therefore be it

RESOLVED, that it is the order of the Police
Commission that Police Officer Donald W. Brewer has
not violated Specification No. 1, Section 8.145 of
the Rules and Procedures of the Sara.. Francisco Police
Department; and be it further

RESOLVED, that it is the order of the Police
Commission that said charges contained in Specification
No. 1, Section 8.145, be dismissed.

(The entire proceedings were taken
in shorthand form by Hearing Reporter
Dorsey A. McTaggart, C.S.R.)

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

- 216 -

HEARING OF POLICE OFFICER DONALD FORTE, TAR AVAL POLICE
STATION

The hearing of Police Officer Donald
Forte, Taraval Police Station, was called, it
having been set for this date. Police Officer
Donald Forte was charged with violating the Rules
and Procedures, as1 follows:

SPECIFICATION NO. 1

Using unnecessary force on a prisoner.
(Violation of Section 2.13 of the Rules
and Procedures of the San Francisco Police
Department . )

in a properly verified complaint by Cornelius P.
Murphy, Captain of Police, Commanding Officer of the
Taraval Police Station.

Police Officer Donald Forte appeared in
person and was represented by Mr. Stephen Bruce Bley,
Attorney at Law.

Sergeant David P. Roche, Legal Office,
appeared as the Prosecutor for the Police Depart-
ment .

The reading of the Charges was waived.
Police Officer Donald Forte entered a plea

o

f "not guilty" to Specification No. 1

The following-named witnesses appeared for
the Prosecution, were sworn and testified:

Mr. Robert J;.Manley

240 San Manito

San Bruno, California

Mr. David Dudley

2006 - 46th Avenue

San Francisco, California

Mr. Robert Quinn

297A Joost Avenue

San Francisco, California

The following exhibit was entered into Evi-
dence by the Prosecution:

Exhibit No. 1 - One 3 ' x2 ' scale drawing ,f

of Taraval Police Station,

- 217 -

business and jail sections.
Sides A & B. "A" primarily,
business. "B" jail area.

Sergeant David P. Roche, Legal Office,
waived closing statement.

The Commission then called both attorneys
to the Bench and whereafter the following resolution was
adopted dismissing the charges.

A closing statement was then presented by
Mr. Stephen Bruce Bley, Defense Attorney.

RESOLUTION NO. 130-77

DECISION

HEARING OF POLICE OFFICER DONALD FORTE

TARAVAL POLICE STATION

WHEREAS, on June 25, 1976, Cornelius P. Murphy
Captain of Police, Commanding Officer of Taraval Police
Station, made and served charges against Police Officer
Donald Forte, as follows:

SPECIFICATION NO. 1

a) At or about 0245 hours, Wednesday,
February 4, 1976, the accused, as-
signed to a jpadio car in the Taraval
Police District, had occasion to
investigate a disturbance on a Muni-
cipial Railway bus at or near the in-
tersection of 45th Avenue and Taraval
Street ;

b) During the course of the investigation,

an open container of alcoholic beverage

was found within the automobile of the

persons suspected of causing the dis-
turbance ,

c) Two suspects were transported to the
. Taraval Police Station by the accused
and a fellow officer;

d) At the Taraval Police Station, the

accused did, without lawful authority,
strike a suspect in the above-stated
incident .

e) Because of the above-stated conduct,
the accused did violate Section 2.13
of the Rules and Procedures of the
San Francisco Police Department, whiqh
reads as follows:

- 218

"2.13 Any breach of the peace, neglect
of Duty, misconduct or any conduct on
the part of any member either within
or without the state which tends to
subvert the good order, efficency or
discipline of the department or which
reflects discredit upon the department
or any member thereof or that is preju-
discial to the efficiency and discipline
of the department, though such offenses
are not specifically defined or laid
down in these Rules and Procedures shall
be considered unofficerlike conduct tri-
able and punishable by the Board."

and

WHEREAS, a hearing on said charges was had
before the Police Commission pursuant to Section 8.3^3
of the Charter of the City and County of San Francisco
on Wednesday, March 23, 1977, and that on Wednesday,
March 23, 1977, the matter was submitted to the Police
Commission for decision; and

WHEREAS, the Police Commission finds that
the said charges made and filed against Police Officer
Donald Forte, Taraval Police Station, as contained in
Specification No. 1, are not sustained by the evidence
presented at the hearing and that Police Officer Donald
Forte has not violated Section 2.13 of the Rules and
Procedures of the San Francisco Police Department;
therefore be it

RESOLVED, that it is the order of the Police
Commission that Police Officer Donald Forte has not
violated Specification No. 1, Section 2.13 of the Rules
and Procedures of the San Francisco Police Department;
and be it further

RESOLVED, that it is the order of the Police
Commission that said charges contained in Specification
No. 1, Section 2.13, be dismissed.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

(The enitre proceedings were taken in
shorthand form by Hearing Reporter
Dorsey A. McTaggart, C.S.R.)

HEARING OF POLICE OFFICER BLADIMIR SHEGOLEFF, TARAVAL
POLICE STATION

The hearing of Police Officer Vladimir Shegoleff,

- 219

/

Taraval Police Station, was called it having been
set for this date. Police Officer Vladimir Shego-
leff was charged with violating the Rules and Pro-
cedures , as follows :

SPECIFICATION NO

Using unnecessary force on a
prisoner. (Violation of Section
2.13 of the Rules and Procedures
of the San Francisco Police De-
partment . )

in a properly verified complaint by Cornelius P.
Murphy, Captain of Police, Commanding Officer of
the Taraval Police Station.

Police Officer Vladimir Shegoleff appeared
in person and was represented by Mr. Stephen Bruce
Bley, Attorney at Law.

Sergeant David P. Roche, Legal Office,
appeared as the Prosecutor for the Police Depart-
ment .

The reading of the Charges was waived

Police Officer Vladimir Shegoleff entered
a plea of "not guilty" to Specification No. 1.

The following witnesses appeared for the
Prosecution, were sworn and testified:

Mr. Robert J. Manley

240 San Manito

San Bruno, California

Mr. David Dudley

2006 - 46th Avenue

San Francisco, California

Mi*. Robert Quinn

297A Joost Avenue

San Francisco, California

The following exhibit was entered into
Evidence by the Prosecution:

Exhibit No. 1 - One 3 ' x2 ' scale drawing

of Taraval Police Station,
business and Jail sections.
Sides A & B. "A" primarily,
business. "B" Jail area.

f

- 220

Sergeant David P. Roche, Legal Office,
waived closing statement.

The Commission then called both attorneys
to the Bench and whereafter the following resolution
was adopted dismissing the charges.

.

A closing statement was then presented by
Mr. Stpehen Bruce Bley, Defense Attorney.

RESOLUTION NO. 131-77

DECISION - HEARING OP POLICE OFFICER VLADIMIR SHEGOLEFF,
TARAVAL POLICE STATION

WHEREAS, on June 22, 1976, Captain Cornelius
P. Murphy, Captain of Police, Commanding Officer of
Taraval Police Station, made and served charges against
Police Officer Vladimir Shegoleff, as follows:

SPECIFICATION NO. 1

a) That at or about 0245 hours, Wednesday,
February 4, 1976, at or near the inter-
section of 45th Avenue and Taraval Street
the accused had occasion to investigate
a disturbance on a Municipal Bus.

b) That in the course of the investigation
an open container of alcoholic beverage
was discovered in the automobile of the
person suspected of being involved in
the above-stated disturbance.

c) The suspects involved in the above-
stated disturbance were transported
to the Taraval Police Station.

d) Without lawful authority the accused
did strike with his fists one of the
suspects hereinbefore described.

e) Because of the above-stated conduct the
accused did violate Section 2.13 of
the Rules and Procedures of the San
Francisco Police Department, which
reads as follows:

"2.13 Any breach of the peace, neglect
of duty, misconduct or any conduct on
the part of any member either within
or without the state which tends to
subvert the good order, efficiency or
discipline of the departmtnet or which

- 221 -

reflects discredit upon the depart-
ment or any member thereof or that
is prejudicial to the efficiency
and discipline of the department,
though such offenses are not specif-
ically defined or laid down in these
Rules and Procedures shall be considered
unofficerlike conduct triable and pun- .
ishable by the Board."

and

WHEREAS, a hearing on said charges was had
before the Police Commission pursuant to Section 8.3^3
of the Charter of the City and County of San Francisco
on Wednesday, March 23, 1977, and that on Wednesday,
March 23, 1977, the matter was submitted to the Police

Commission for decision; and

WHEREAS, the Police Commission finds that
the said charges made and filed against Police Officer
Vladimir Shegoleff, Taraval Police Station, as con-
tained in Specification No. 1, are not sustained by
the evidence presented at the hearing, and that Police
Officer Vladimir Shegoleff has not violated Section
2.13 of the Rules and Procedures of the San Francisco
Police Department; therefore be it

RESOLVED, that it is the order of the Police
Commission that Police Officer Vladimir Shegoleff has
not violated Specification No. 1, Section 2.13 of the
Rules and Procedures of the San Francisco Police Depart
ment ; and be it further

RESOLVED, that it is the order of the Police
Commission that said charges contained in Specification
No. 1, Section 2.13, be dismissed.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

(The entire proceedings were taken
in shorthand form by Hearing Reporter
Dorsey A. McTaggart, C.S.R.)

RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendations of the

Traffic Bureau on the Installation of zoning for the

regulation of traffic on the public streets, be, and
the same are hereby approved:

- 222

735 HAIGHT STREET HAIGHT HARDWARE

a) At 735 Haight Street, install an 18'
yellow zone, to extend from 4' - 22'
east of west property line.

22 41 - 45 JUDAH -BLUE SKY RESTAURANT

a) At 2241-45 Judah Street, install a
22' whiter zone, east from west pro-
perty line.

5767 MISSION STREET - CONVALESCENT CENTER-MISSION STREET

INC.

a) At 5767 Mission Street, install a 39'
green zone, to extend south from
north property line .

2620 JUDAH STREET - G. ANTHONY LYNCH INSURANCE AGENCY

a) At 2620 Judah Street, install a 22'
green zone, to extend ...east of west
end of buildine:.

1837 POLK STREET - INTERIOR SYSTEMS

a) At 1837 Polk Street, install a 22'
yellow zone, to extend. from 10' -
32' east of west property line.

1581 CHURCH STREET - LEHR ' S GERMAN SPECIALTIES

a) At 1581 Church Street, install a
22' green zone, to extend south
from north property line.

3055 OCTAVIA STREET - LOMBARD STREET CLEANERS

a) At 3055 Octavia Street, install a
22' green zone, to extend from 6'-
28 T south of north property line.

950 A/AN NESS AVENUE - EUROPEAN MOTORS

a) At 950 Van Ness Avenue, install a

39' white zone, to extend from 37'-
76' south of north property line.

AYES: Commissioners Ciani, Gallegos, Hall,
Siggins

NOT VOTING: Commissioner Murphy

223 -

RESOLUTION NO. 123-77

LAW ENFORCEMENT TRAINING ASSOCIATES

RESOLVEu, that the recommendation of the
City Attorney for settlement of litigation of the
Law Enforcement Training Associates in the sum of
$5,567-32 in United States District Court Action
No. C-74 2521 RHS, entitled "Law Enforcement train-
ing Associates v. City and County of Hayward, etc.,
et al. ," as the result of damages sustained, be
and the same is hereby approved.

Date of Incident: February, 1974

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 122-77

j

AUTHORIZING ATTENDANCE OF POLICE OFFICERS MICHAEL
CONWAY, CRIME SPECIFIC TASK FORCE, AND JEREMIAH
MORGAN, MISSION POLICE STATION, AT AN EXPLOSIVE
ORDNANCE DISPOSAL TRAINING SCHOOL AT THE REDSTONE
ARSENAL, HUNTSVILLE, ALABAMA, FROM APRIL 3, 1977
TO APRIL 22, 1977, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Police Officers Michael Conway,
Crime Specific Task Froce, and Jeremiah Morgan,
Mission Police Station, be detailed to attend an
Explosive Ordnance Disposal Training School at the
Redstone Arsenal, Huntsville, Alabama, from April
3, 1977 to April 22, 1977, inclusive, be, and the
same is hereby approved; and be it further

RESOLVED, that expenses incurred by Police
Officers Michael Conway and Jeremiah Morgan in a sum
not to exceed $782.00 each will be defrayed by the
Police Department's Police Officers' Training Fund.

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

RESOLUTION NO. 124-77

REQUEST FOR SUPPLEMENTAL APPROPRIATION

RESOLVED, that the Controller be, and he
is hereby requested to draw a Supplemental Appropria-
tion in the amount of -$613-00 from the following appro-

- 224 -

priation number in the amount shown:

Appropriation No. 6 . l6l . 199 . 000 . 000

Police Department-Salary Savings $613.00

and credit it to the following appropriations in
the amounts indicated:

Appropriation No. 6 . l6l . 110 . 001 . 000

Permanent Salaries-Cvilian $494. 00

Appropriation No. 6 . l6l . 863 . 000 . 000
Mandatory Fringe Benefits

Transfer to 6.123-862.000 $ 29.00

Transfer to 6.697.860.000 $ 90.00

1^13". 00

to reclassify three (3) positions of 8350 Finger-
print Classifier and Clerk as three (3) positions
of 8251 Fingerprint Technician III effective April
27, 1977.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

WEEKLY SICK REPORT

Chief of Police Charles R. Gain, submitted a report
of members of the Department off duty due to sickness
and disability for the week ending Tuesday, March 15,
1977 as follows:

PREVIOUS WEEK

Daily average for the week sick 80 72

Daily average for the week dis-
abled 82 79

TOTALS 162 151

This is an increase of eleven (11) members off duty
daily from the previous week.

Daily percentage for the week sick 3.89

Daily percentage for the week disabled 4 . 89

TOTAL 8.77

225 -

Disabled at start of week
Started during the week
Returned during the week
Disabled at end of week
Net Jain or Loss

78

13
10
81
-3

SICK AND DISABLED FOR THE WEEK, ENDING SATURDAY,
MARCH 1 3, 1976 AT 2400 HOURS

Daily average for the week sick
Daily average for the week disabled

TOTAL

70
99

169

Daily percentage for the week sick
Daily percentage for the week disabled

TOTAL

3.74
5.49

9.23

SICK AND DISABLED FOR THE WEEK ENDING TUESDAY,
FEBRUARY 22, 1977 AT 2 4 00 HOURS

Daily average for the week sick
Daily average for the week disabled

TOTAL
Daily percentage for the week sick
Daily percentage for the week disabled

TOTAL

79
80

159
3.84
4.91
8.75

The report was ordered filed

AYES: Commissioners Ciani, Gallegos , Hall,
Murphy, Siggins

The Commission then adjourned it meeting

-L

226 -

MAY 2 4 1977

SAJvJ FBANCISC-O
fSJgad t IBft ARY

^30 MARCH 1977 ^ j^ij^^J^ REGULAR MEETING

Thjg^Police Commission of the City and
County of^San Francisco met in their chambers,
Room 551, Hall of Justice, 050 Bryant Street/
on Wednesday, March 30, 1977 at 1730 hours, in
regular session.

PRESENT: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

Commissioner Siggins presiding

The members of the Commission having
been furnished copies of the minutes of the meeting
of February 16, 1977, reading of same was dispensed
with and the minutes were approved.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins .-,

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "Mr. President, members of tj.he Commission,
I have no report tonight . There are matters on the
agenda that I will be speaking to. The only thing
I would comment on is tomorrow afternoon I will be
going to Watsonville in connection with our Field
Training Officer Program and I will be there tomor-
row night and Friday and I will be available by tele-
phone and all of the staff will be here."

AFFIRMATIVE ACTIONk'PLAN- STATUS REPORT

Chief Gain: "Mr. President, members of the Commission,
we submitted a brief letter to you and status report
in regards to our Affirmative Action Plan. We related
in that we have individuals who are experts in regards
to formulation of a plan required by LEAA rules and
regulations. As we stated in the letter, those experts
are here now, and they will be for the next several
days, fact finding and gathering information. After
that information is gathered, a report will be submit-
ted to us and then we will thereafter promulgate an
Affirmative Action Plan which we hope to submit to
the Commission in the latter part of April. Tonight
we have here a Mr. Mentoski and others. Mr. Mentoski,
at your pleasure, will explain to you what they will
be doing specifically in regard to getting a collec-
tion and how it relates to sub part E of the Equal
Employment Opportunity Plan. Mr. Mentoski."

- 227

Commissioner Gallegos : "Mr. Mentoski, how long
are you going to be here with us? Are you staying
until April 1?"

Mr. Mentoski: "We will be here to and perhaps in-
cluding Saturday."

Commissioner Gallegos: "Do you have any plans
worked out or specific things you are looking at?

Mr. Mentoski: "Oh yes. This is about the 200th Law
Enforcement Agency that we have given this assistance
to. It has been in existence since 1970."

Commissoner Gallegos: "Can you kind of give a view
of how you plan to proceed and what you are looking;
for?"

Mr. Mentoski: "We try to look at the entire select-
ing process and entire operation of the Department.
All aspects starting with recruitment selection. We
look to see what the Department has done in the past
and what it is doing now. We will cover the areas
of promotions, grievances of this department if there
are any among the individuals and then present a writ-
ten report to the Chief with recommendations, con-
clusions and recommendations. Our recommendations
would be based in the hope that they could improve
minority members of this Department. That includes
minorities and women. We will cover the entire oper-
ations of the Department policies and then proceed."

Commissioner Gallegos: "You will be taking into
account the present situation of course, the various
administrative complaints against the city?"

Mr. Mentoski: "Well, we are certainly cognizant of
them but I don't think that would play any role in
our recommendations or suggestions."

Commissioner Gallegos: "Why not?"

Mr. Mentoski: "Well, we can not recommend and suggest
things that are perhaps just peculiar to that parti-
cular law suit. I am very familiar Commissioners with
the Law Suit . I am very familiar wtih the last order
that has been received in the Circuit Court of Appeals.
I certainly would answer anything specific and that
is in a court situation, I don't think there is much
we can do as in technical assistance, but we would
hope that the technical assistance we could give you
would perhaps prevent the police department from get-
ting into that type of situation where the (inaudible)
can be used . "

Commissioner Gallegos: "Well are you familiar with
the P.O. A., and Officers for Justice?"

Mr. Mentoski: "Yes, we have commenced, we met" with

- 228 -

Officers for Justice last evening. Mr. Robinson,
who is our Community Relations Specialist, met
with them. He met with Inspector Pharris last
night and David Smith this morning, met with the
Chief and the Assistant Chief and we have been
at the Department all day with the training of-
ficers and the recruitment and background officers

Commissioner Murphy: "And the POA men?"

Mr. Mentoski: "We have met with a gentleman who
is an attorney and very active in the P.O. A.,
Michael Hebel . "

Commissioner Hall: "Are you utilizing the help
of the Community Relations Department?"

Mr. Mentoski: "Yes, we are."

Commissioner Hall: "Are you contacting local min-
ority groups in the City?" . .• \

Mr. Mentoski: "Yes, we certainly ... Yes ,: we start
with the minority officers on the Department and
we will contact people in the Community."

Commissioner Hall: "The NAACP?"

Mr. Mentoski: "Well, we like to select the people
we want to talk to, particularly, other than, not
talk to the people that are pointed out to us to talk
to. I think we have a great deal of experience work-
ing in the minority communities, at least Mr. Robin-
son has . He has his ways and means that he likes to
gather his facts with, Commissioner."

Commissioner Gallegos : "What about the present over-
view of the city in terms of the population, the fact
that we have a number of people heretofore concerned
about the impact of Affirmative Action, not only in
terms of myths but as it might reflect in the char-
acteristics of the City. We are dealing with various
situations. Language problems and "

Mr. Mentoski: "We have been made aware of some of
those problems and we hope to be able to talk to
the people that are concerned with those problems
and make some suggestions. Now we are a volunteer
group. Chief Gain asked us to come here. We have,
no power or authority to order or direct, this is
purely a voluntary situation. We will offer sug-
gestions as best we can, hoping that we will help
you recruit minorities and women."

Commissioner Siggins : "Mr. Mentoski, as a professor
in connection with your experience over the years of

229 -

doing this type of work, do you have experience also
relating to Charter problems in a community?"

Mr. Mentoski: "Yes, sure, I think I ought to tell
you I am a Police Commissioner like you are in the
City of Milwaukee, and so I have been working on
your end of Affirmative Action since 1969. We have
been involved in law suits and Federal Courts. I
think I have a pretty good understanding of it. Now
we are unique in our Fire and Police Commission. We
are also our whole Personnel Board in Milwaukee. We
are part time, as you are, appointees of the Mayor.
I think our salary range is identical to yours, about
17 cents an hour, right? So we are in a little more
favorable position. We do the recruitment, the sel-
ection, the testing, at the entry level, all the pro-
motional things and have suffered growing pains, so
we can change our rules and regulations, the fact
this may not be a popular thing to say, but we have
three eligible lists in Milwaukee. We have a white
list, white male list, we have a minority list and
we have a female list. I am not advocating this for
anybody, I am just telling you our situation, both
on Fire and Police." ■;

Commissioner Murphy: "Do you also have a Civil
Service System other than for the Fire and Police
Departments

it

Mr. Mentoski: "Other than for the Fire and Police
Departments? Yes. I don't know of another ■ Police
Commission in the Country that has that makeup."

Commissioner Ciani: "How do you hire off those lists
do you have quotas?"

Mr. Mentoski: "Yes, by the District Federal Court.
Our Judge who has this matter, allocated to us that
we hire on a racial basis, 40% white males, 30% min-
orities, 30% women."

Commissioner Ciani: "Does it reflect the composition
of the work force?"

Mr. Mentoski: , "It reflects the composition of the work
force, yes. Our minority population statistics are
somewhat around 17% was 47% or 48% something like that."

Commissioner Murphy: "How many people are minorities
is it largely black minority or do you have others?"

Mr. Mentoski: "We have a large black minority. Of
that 17% perhaps 14% would be black, 3 to 4% Spanish, we
don't have any oriental population around there."

Chief Gain: "Mr. President, I should of mentioned

230 -

also, I apologize Dean, Mr. Mentoski is the Associate
Dean of the Marquette Law School."

Commissioner Siggins : "Yes, well I was going to com-
pliment him on the basketball team "

Mr. Mentoski: "Yes, I realize that we were coming
into bad territory because of USF but I know they
are a great team. Now we have our Executive Direc-
tor here in Dr. Whip and Mr. Robinson and certainly
they would answer any questions you like. Mr.
Krigger is our Executive Director and he is really
the lawyer in the group. Dr. Whip is our past Exec-
utive Director and is now at International University
in Miami and he is acting as a consultant here. Mr. .
Robinson is our Community Relations Recruitment per-
son so they can answer anything you like."

Chief Gain: "We are very appreciative Dean and
gentlemen for your being here. After they get this
information they will be developing an EEO Plan , then
of course, our overall Affirmative Action Plan we
have to develop. Now the City is also, of" course,
they are the ones who have responsibility for the
City Affirmative Action Plan. Inspector.- Cecil Pharris
is the one who is heading that up. So maybe you can
discuss that Inspector."

Inspector Cecil Pharris: "As the honorable Commis-
sion knows, Rule 1.03 of the Rules and Procedures
of the Civil Service Commission was adopted a week
ago Monday, which establishes parameters for a true
Affirmative Action Policy and it is very specific
and within the guidelines of Federal, State and Local
statutes. They seem to fit right in with what Pro-
fessor Mentoski and the gentlemen discussed today.
Captain Shannon, the Captain of Personnel, and myself,
recently completed the National Civil Service League
Affirmative Action Course and I think we have a better
feeling for what is needed now in the Affirmative
Action Program. Particularly to meet with the new
regulations that were promulgated in February of this
year by the Federal Government . Specifically deal-
ing with cutting off of funds, Revenue Sharing Funds
as well as LEAA Funds. Tomorrow morning at 9:30 a.m.,
we are meeting with Mr. Walsh, the new manager of the
Civil Service Commission. His two Affirmative Action
people, Mr. Rothman and Ms. Jacobsen, Mr. DeSoto,
Captain Shannon, Chief Mullen and myself, and as soon
as they tell us or give us our guideline we are going
to implement the roughs drafts of the policy and you
will receive it as soon as physically possible."

Commissioner Gallegos : "What effect does the admin-
istrative complaint have on our use of CETA money?"

Inspector Pharris: "Well, very honestly Commissioner,
they would be the first ones hurt. To date we have
hired a hundred and forty-nine CETA employees, twenty-
two of which are white males and all of the rest are

31 -

protected classes or minorities. They would be
the first ones cut out if our funds are frozen."

Commissioner Murphy: "You mean the CETA people
entirely or the white males?"

Inspector Pharris : "No, the whole program. Those
are revenue sharing funds . "

Commissioner Gallegos : "My understanding is that
the Mayor's Office has received the disputed com-
plaint and we have 30 days to respond, or I should
say the Mayor's Office has 30 days to respond on
this and I am wondering what other steps we would
be required to take as we are one of the main agen-
cies, is that correct, that is over and beyond what-
ever can be worked out and coming back with another
offer?"

Inspector Pharris: "My understanding is the point
of thee, problem was the "fact ' that we were, considering
Temporary Appointments of individuals who had passed
the Sergeants examination by seniority rather than
their place on the list . That has been held in abey-
ance, so the point now is rather moot." .-

Commissioner Gallegos: "No, I am referring to the
use of Community Development Funds. The administra-
tive complaint is filed with the Treasury Department
by the Affirmative Action Group."

Chief Gain: "Isn't that Revenue Sharing Funds?"

Inspector Pharris: "Yes, but as I understand the
Act the learned Law Professor could probably change
my opinion on this, but I believe that any State or
Local body or court that finds any agency receiving
Federal Funds where a finding of discrimination has
been made, the individual Governor of the State and
the head of the City or County Agency are notified
by the Department of the Treasury that a finding
has been made of discrimination. Subsequent to that
they have 30 days to respond to the Department of
the Treasury stating what actions they will take to
remedy this. Once the finding has been made there
is no appeal to the Treasury Department to offset
the finding, only how are you going to remedy this."

Commissioner Gallegos. "The proposed remedy is in
process? The proposed response by the City is in
process?"

Inspector Pharris: "I have to depend on the Chronicle
for that information Commissioner, and they said that
the Latinos for Affirmative Action and the Mayor's
Officer were responding to this and that the Latinos

■2 32

for Affirmative Action would be amenable to re-
commendations made. I think that is a fairly
accurate quote from the Chronicle."

Chief Gain: "Well, if I may comment, it would
seem to me that whatever problems may exist now
would be one of the Civil Service process and
rules as regards to past hiring. Certainly we
are doing all we can, we are promoting off the
list and abiding by Charter and other Civil Ser-
vice Rules and Procedures and specif icially , now
that we are very aggressively working on an Af-
firmative Action Plan, it would appear that we
would meet requirements. At least that is my
impression. So we are committed to making a plan
and you will have it by the end of the week."

Commissioner Murphy: "What is standing in the
way of an acceptable Affirmative Action program for
the Police Department, anything like Charter pro-
visions? "

Chief Gain: "That is what we will know when ■ we
are at the bottom line of what we are doing'' right
now. We will know whether there are any Charter
blocks or Civil Service Rules or whatever. That
will be a part of, perhaps it will be identified
to the Commission in fact with recommendations if
that is appropriate, if Charter or Civil .^Service
Rule changes are required. We don't know yet, we've
looked through the process at some of the 'things
that the group will be doing. They will be making
an overview of the selection process promotion pro-
cedures, Civil Service Rules, the recruit process,
our training school curriculum, grievances by per-
sonnel, assignment and transfer policy in the police
department, disciplinary actions taken, quite com-
prehensive pertaining to the area we are talking."

Commissioner Gallegos : "Chief, the thing I am in-
terested in is if the City is preparing a response
on the Revenue Sharing matter or the use of Revenue
Sharing money, that should undoubtedly include what
the Police Department is doing in respect to satisfy-
ing the Treasury that we are doing everything with
all deliberate speed in conformity with compliance and
I would like to see that if we could when it is drafted,
to find out what are recent responses to the overall
response that the City is going to be making to the
Federal people."

Chief Gain: "We will confer with the Mayor's Office
and give you a report next week."

Commissioner Siggins : "Thank you very much gentlemen,

- 233

SENATE BILL NO. l6H - AMENDMENT TO THE MEYERS, MILIAS,
BROWN ACT. - CONTINUED TO APRIL 6th, 1977.

Chief Gain: "Mr. president, we gave you quite a
volume of material and because of time I question
whether the Commission has been able to read it,
there is no time pressure so this could be put over
for discussion next week if it is the pleasure of
the Commission?"

Commissioner Siggins then asked if there was an amend-
ment to this Bill and the Chief stated that Lieutenant
Trueb would explain the issues. Lieutenant Trueb said
that at the time of the writing of the information which
was requested by the Commission, the State and National
Affairs Committee of the Board of Supervisors had on .
its Calendar Senate Bill 164. He stated that they had
Hearings on it yesterday at 10:00 a.m., and during the
course of those Hearings some of the persons testifying
indicated that there was an amendment to Senate Bill
164. He stated that he beieved that there was, in fact,
such an amendment but unfortunately the Police Depart-
ment does not as yet have a copy of the- Amended Bill.
He stated that the State and National Affairs Committee
took that into consideration in their findings and their
comment to the people who were there requesting support
of the State and National Affairs Committee were advised
that they certainly could amend their position if the
amendments to the Bill indicated it was substantially
changed, and he stated he couldn't quote but he felt
he could fairly restate their primary concerns at the
meeting yesterday which seemed to be along the line.- of
binding the City to conditions and terms of • employm- 'nt ,
wages wise, which they could in no way fiscally handle.
He stated that the question is whether the amendments
which were introduced and which the Department does not
as yet have here, would effect that control. He fur-
ther stated that the Board has in fact taken a position
that on Monday they will recommend an appropriate posi-
tion to the full Board. He continued by saying that
he had heard that the State and National Affairs Board
was going to recommend on Monday to the full Board to
oppose this particular Bill, Senate Bill 164 in the un-
amended versions.

Further discussion was held on this matter^ after which
Commissioner Ciani asked if the Commission could direct
to the full Board a letter which would indicate that the
Commission is just interested in the management aspects
of the Bill apart from the Supervisors interest in the
financial aspects, and ask them not take any position
that would favor the Bill as long as the provisions that
call for compulsory and binding arbitration are in it,
unless the Commission has an opportunity to submit its
comments .

Chief Gain stated that the Department would prepare
the letter tomorrow morning for the Commisson's signa-
ture .

34 -

DISCUSSION OF PROCEDURAL PROVISIONS OF THE PILOT
PROGRAM OF THE OFFICE OF CITIZENS COMPLAINTS -
CONTINUED TO APRIL 6th, 1977

Commissioner Ciani stated that she had prepared
a draft of a Resolution which she had had dis-
tributed to the other Commissioners along with
a memorandum which commemorates some of the points
which she thought needed to be discussed. She
stated that the Commission should take a position
on what she had proposed, tonight and consider the
issues that she raised along with whatever other
issues the Commission may feel appropriate to make
a decision on. She stated that this would, in ef-
fect, clear the air, as to what the CCO program
would be if it were to be funded by the Board of
Supervisors. Further discussion on this issue con-
tinued and centered around the possible exclusion
of former Police Officers as civilian investigators,
physical separation of the civilian investigators
from Internal Affairs Bureau personnel, the obtain-
ing of specifications for Hearing Officers, procedures
for assigning cases to the CCO and IAB units and the
possible development of an adversary relationship
between the units when evaluation standards 'are ap-
plied. The matter was then continued to the following
week wherein the Resolution would be prepared for
adoption in its final form.

RESOLUTION NO. 134-77

HEARING OF POLICE OFFICER MICHAEL H. GALLAGHER, PARK
POLICE STATION.

WHEREAS, the hearing of Police Officer Michael
H. Gallagher was called, it having been set for this
date; and

WHEREAS, Mr. Stephen Bruce Bley, attorney
for Police Officer Michael H. Gallagher, has requested
a continuance in this matter because of Officer Gallagher's
continued incapacitation due to earlier injuries sus-
tained; therefore be It

RESOLVED, that the date for thehearing of the
disciplinary charges filed against Police Officer Michael
H. Gallagher, is set for Wednesday, April 27, 1977 at
5:30 p.m., in Room 551, Hall of Justice.

AYES: Commissioners Ciani,
Murphy, Siggins

Gallegos, hall

RESOLUTION NO. 135-77

AMENDING THE ADMINISTRATIVE CODE OF THE CITY AND
COUNTY OF SAN FRANCISCO BY AMENDING SECTION 10.117-3

235 -

THERETO TO INCREASE THE AMOUNT OF MONIES IN THE
POLICE OFFICERS' TRAINING FUND.

WHEREAS, the existing maximum of $200,000
for the Police Officers' Training Fund was estab-
lished by Ordinance in Section 10.117-3 of the San
Francisco Administrative Code in 1970; and

WHEREAS, since that time the cost for
personnel, equipment, and facilities to conduct
police training have increased dramatically; and

WHEREAS, the cost of training for the
coming fiscal year is estimated at approximately
$397,000 and reimbursements from the Peace Officers
Standards and Training are anticipated to be in
excess of $700,000; and

WHEREAS, since the estimated reimbursements
for training exceed costs by more than $300,000, it
is apparent that a requested increase would insure
adequate funds for training; therefore be _it.

RESOLVED, that the Board of Supervisors
are hereby requested to enact an Ordinance' amending
Section 10.117-3 of the San Francisco Administrative
Code to provide for an increase in the maximum annual
amount of the Police Officer's Training Fund from the
present $200,000 to $400,000 to insure that - adequate
training funds are available for the fiscal year
1977-78.

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

RESOLUTION NO. 135-77

AMENDING THE ADMINISTRATIVE CODE OF THE CITY AND
COUNTY OF SAN FRANCISCO BY AMENDING SECTION 10.117-3
THERETO TO INCREASE THE AMOUNT OF MONIES IN THE POLICE
OFFICERS' TRAINING FUND.

RESOLVED, that the Board of Supervisors be,
and they are hereby requested to amend the Administra-
tive Code of the City and County of San Francisco by
amending Section 10.117-3 thereto to increase the
amount of monies in the Police Officers' Training
Fund, as follows:

Be it ordained by the people of the City and County
of San Francisco:

Section 1. Chapter 10 of the San Francisco Admin-
istrative Code is hereby amended by amending Section

- 236 -

10.117-3 thereof, to read as foil

ows

SEC. 10.177-3. POLICE OFFICERS' TRAINING FUND.

(a) Established. There shall be established in the
treasury of the City and County a special fund to

be known and designated as the Police Officers' Train-
ing Fund into which shall be deposited all funds, not
to exceed $400,000 in any one fiscal year, allocated
by the Commission on Peace Officer Standards and Train-
ing to the City and County from the Peace Officers'
Training Fund maintained by the State Treasury, and any
excess over and above $400,000 shall be deposited In the

General Fund.

■i

(b) Use of money in fund. The Police Of fleers ' Train^-
ing Fund shall be used exclusively for the recruitment
and training of members of the uniformed force of the
police department in San Francisco, including but not
limited to expenses incurred in the recruitment of
qualified officers, purchase of equipment and training
aids, expenses incurred in attending seminars, train-
ing schools and conferences, expenses incurred in train-
ing officers who are on an overtime basis during train-
ing, expenses incurred in assigning officers on an over-
time basis to fill the regular duty assignments of
officers being trained and such other expenses as may

be incurred in the recruitment and training of members
of the Police Department.

(c) Administration of and expenditures from fund. The
procedure of administering the Police Officers' Train-
ing Fund shall conform to the provisions of the Char-
ter, the annual appropriation ordinance and the procure-
ment procedure as prescribed by the Controller and the
Purchaser of Supplies.,

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

- 237 -

RECOMMENDATIONS OF THE TRAFFIC' BUREAU - APPROVED

RESOLVED, that the reocmmendations of the
Traffic Bureau on the installation of zoning for
the regulation of traffic on the public streets, be,
and the same are hereby approved:

2560SLOAT BOULEVARD - J. FARMERS MARKET

a) At 2560 Sloat Boulevard, install a 22'
yellow zone, east of west property line

1300 GRANT AVENUE - POSTER MAT

a) At 1300 Grant Avenue, revoke 22' of
55' yellow zone - (from 18' - 40'
north of Vallejo.)

801 COLUMBUS AVENUE - WEHR .' S MUSIC CITY

a) At 801 Columbus Avenue, Install a 22'

yellow zone... to extend north from south
property line.--

b) Revoke existing 30' yellow zone at 8I7
Columbus Avenue (30' - 60' south of
north property line.)

#50 STARR KING WAY - FIRST UNITARIAN CHURCH

a) At #50 Starr King Way, install a 32'
Blue Zone, to extend from 105' - 137'
west of Franklin.

b) Revoke 34' white zone (105' - 137'
west of Franklin.)

32 8 RICHLAND AVENUE - UNIVERSAL LIFE CHURCH

a) At 328 Richland Avenue, install a 22'
white zone, to extend east from west
property line.

1366 SUTTER STREET - A. A. USED & NEW FURNITURE

a) At 1336 Sutter Street, install a 44'
yellow zone, to extend from 6' 50 '
west of east property line.

- 23i

2017 TARAVAL STREET - ACE FURNACE CO.' INC

a) At 2017 Taraval Street, install a 22'
yellow zone, from 4' - 26' east of
west property line.

1160 POLK STREET - THE MOCAMBO

a) At 1160 Polk Street, install a 44'
white zone, to extend south from
north property line - signs to be
placed on meters 1134 and 1136 stat-
ing white zone in effect after 5 P.M

577 SHOTWELL STREET - TUFTS SHEET METAL

a) At 577 Shotwell Street, install a

22' yellow zone, to extend south from
north property line.

APPROXIMATELY #80 SHERMAN STREET - EASTERDAY SUPPLY CO

a) At approximately #80 Sherman Street,
install a 44' yellow zone, commencing
80 ' south of Cleveland (just past loading
door)- for 44' south.

AYES: Commissioners Ciani ,Gallegos , Hall,
Murphy, Siggins

REVOKED

RESOLVED, that the recommendations of the
Traffic Bureau on the revocation of 86 feet of white
and yellow zones at various parts of the City at the
locations submitted, be, and the same are hereby ap-
proved .

AYES: Commissioners Ciani, Gallegos, Hall
Murphy , Siggins

RETIREMENT

A communication was received from the
Retirement Board officially notifying ;the Police
Commission of the retirement of Police Officer Melvin
L. Ravella, Police Garage, for industrial disability,
effective March 24, 1977-

The Communication was ordered filed.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

'39

RESOLUTION NO. 132-77

AUTHORIZING ATTENDANCE OP CAPTAIN JOHN A. MCSWEENEY
AND SERGEANT ROBERT DENmISON, INTERNAL AFFAIRS BUREAU,
AT AN INTERNAL AFFAIRS SEMINAR AT CALIFORNIA STATE
UNIVERSITY, LONG BEACH, CALIFORNIA, FROM APRIn 26,
1977 TO APRIL 28, 1977, INCLUSIVE. ■

RESOLVED, that the recommendation of the
Chief of. Police that Captain John A. McSweeney and
Sergeant Robert Dennison, Internal Affairs Bureau,
be detailed to attend an Internal Affairs Seminar
at California State University, Long Beach, Calif-
ornia, from April 26, 1977 to April 28, 1977, inclu-
sive, ue, and the same is hereby approved; and be
it further

RESOnVEu, that expenses incurred by Cap-
tain John A. McSweeney and Sergeant Robert Dennison
in a sum not to exceed $243 each will be defrayed
by the Police Department's Police Officers' Training
Fund . •'

AYES: Commissioners Ciani, Gallegqs , Hall,
Murphy, Siggins

RESOLUTION NO. 133-77

REQUEST FOR SUPPLEMENTAL APPROPRIATION AND REQUEST
TO CANCEL RESOLUTION NO. 118-77

RESOLVED, that the Controller be, and he
is hereby requested to cancel Resolution No. 118-77
dated March 16, 1977, Supplemental Appropriation request
in the amount of $5,571 to reclassify one (1) Q2 Police
Officer to one (1) 8178 Senior Attorney; and be it
further

RESOLVED, that the Controller be, and he
is hereby -requested to draw a Supplemental Appro-
priation in the amount of $16,090 from the following
appropriation numbers in the amounts shown:

Appropriation No. 6 . 161 . 110 . 000 . 000

Permanent Salaries - Uniform Force $9,157

Appropriation No. 6 . l6l . 863 . 000 . 000
Mandatory Fringe Benefits

Transfer to 6.697-860.000 $6,767

Transfer to 6.699.865-000 $ ' 1 6 6

$16,00 0

and credit it to the following appropriation numbers
in the amounts shown:

Appropriation NO. 6.161.110.001.000

Permanent Salaries - Civilian $12,228

240 -

Appropriation No. 6 . l6l . 063 . 000 . 000

Mandatory Fringe Benefits

Transfer to 6.123.862.000

Transfer to 6.697.860.000

Transfer to 6.699.865.OOO

Compensation Reserve ( surplus )

■p

715

$

2,253

$

166

•p

728

;16,090

to reclassify three (3) Q2 Police Officers to one
(1) 8180 Principal Attorney and two (2) 8178 Senior
Attorneys-.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

WEEKLY SICK REPORT

Chief of Police Charles R. Gain submitted
report of members of the Department off duty due to
sickness and disability for the week ending Friday
March 22, 1977, as follows:

PREVIOUS WEEK

Daily average for the week sick 76 80

Daily average for the week dis-
abled 81 82

TOTALS 157 ■ 162

This is a decrease of five (5) members off duty daily
from the previous week.

Daily percentage for the week sick 3.65

Daily percentage for the week disabled 4.83

TOTAL 8.4:

Disabled at start of week 79

Started during the week 10

Returned during the week 15

Disabled at end of week 74

Net Gain or Loss -5

SICK AND DISABLED FOR THE WEEK ENDING SATURDAY,
MARCH 20 , 1976 AT 24 00 HOURS

Daily average for the week sick
Daily average for the week disablec

TOT
Daily percentage for the week sick
Daily percentage for the week disabled

TOTAL 9.4 3

67

106

L 173

3-

60

d 5.

83

- 24l

SICK AND DISABLED FOR WEEK ENDING TUESDAY, MARCH
1, 1977 AT 2400 HOURS

Daily average for the week sick 88

Daily average for the week disabled 76

TOTAL 164

Daily percentage for the week sick 4.-43

Daily percentage for tne week disabled 4.67

TOTAL 9.15

The report was ordered filed.

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

MR. STEVEN DIAZ, DEPUTY CITY ATTORNEY'S REPORT
REGARDING YELLOW CAB BANKRUPTCY HEARINGS.

Commissioner Siggins: "I have asked the- Assistant
City Attorney, Steven Diaz, to come here tonight
because a number of the Commissioners have been asked
questions by telephone and presented with written pro-
posals about the Yellow Cab situation. '"'Mr. Diaz, I
want to first of all thank you for coming here and
explaining the status, go on, why don't you just sit
down?"

Mr. Steven Diaz: "Mr. President, Members of the Com-
mission, Chief, as. you are all undoubtedly well aware,
the bankruptcy court held hearings here In San Fran-
cisco on Friday and Monday, a week ago (?), two weeks
ago now, the purpose of which was the continued hear-
ing on the complaint which we have filed - our office
has filed - at the request of the Mayor in order to have the
order stay, which issued automatically -against this Commission
in proceedings against Yellow Cab Permits lifted. Also
for purposes of proceeding with the proposed sale of
the entire estate of Yellow Cab to certain bidders
which included a group of bidders who were bidding
for the entire estate, Harold Dobbs representing one
of those groups. There was a Mr. Jackson represent-
ing himself, and there were other groups an ESOP Com-
mittee which didn't have nothing in writing to bid;
and a number of Individuals who had come forward
offered the opportunity to bid one at a time on the
488 outstanding permits which were in possession of
Yellow Cab at the time that they became bankrupt.
Those hearings came to a physical conclusion and the
court took the matter under submission.

Last Friday the court ruled that none of the bids
were acceptable to the court and of course in bank-
ruptcy any time a proposed sale is brought forward
by, in this case we have a receiver, there has to
be ahearing before the court and no sale can be con-
sumated without approval of the court. So the judge's
order in effect negating any of the proposed sale;;
and so the status is that we are back at ground zero
and the receiver has been intructed by the court to
attempt to find prospective buyers at a private sale

-2^2

which means the receiver will conduct whatever meeting!
with interested parties he deems necessary to make the
best deal he can and go back to the court'. In the in-
terim, our complaint proceeds phase "

Commissioner Murphy: "Could I interrupt for just a
second? Who is the receiver and how do people
get in touch with him?"

Mr. Steven Diaz: "The receiver is Robert N. Mateer
and he works with Sutro and Company in San Diego."

Commissioner Murphy: "Oh, in San Diego."

Mr. Steven Diaz: "And they will have to contact
him in San Diego."

Commissioner Murphy: "OK,

Mr. Steven Diaz: "Wow our complaint was filed some
months ago before the naming of the receiver.. Accord-
ingly, leave of court will have to be obtained and
the complaint amended to name the receiver as a real
party in interest. Since not only was there no receiver
at that time there was no reason to believe that there
would be a receiver appointed. So once that permis-
sion is obtained and that complaint has been amended
new summonses will have to be issued and served and
the opinion of the City Attorney is that we have
very firm legal grounds to contend that those permits
are not property, that there is no vested right in
them. That the State has no right to sell those per-
mits and that rather this Commission is entitled to have
the stay against this jurisdiction lifted to proceed
with hearings in regard to the disposition of those
permits and should this Commission decide that the con-
ditions obtained pursuant to the Municipal Code as
charged by the Chief that those permits are not invalid -
Police Code Part 3 of the Municipal Code is all one in
the same, Commissioner. That, uh, at that time this
Commission would be free to go forward on holding hear-
ings to issue new permits and of course the difference
being that instead of $1,000 transfer tax immuring to
the benefit of the City you would have sixty-five hun-
dred dol- seventy-five hundred dollars (pardon me) com-
ing in as revenue for each and every single new permit."

Commissioner Gallegos : "How is that amount set?
Since they do appreciate substantially."

Mr. Steven Diaz: "That amount, Commissioner, there
is no intrinsic commercial value in the permits them-
selves. They transfer between private parties according
to what willing buyers and willing sellers will allow.
The transfer tax, a $1,000, is set in law and that's
when there is a private sale which is approved by this
Commission. However, the fee of $7,500 is also set in
the Municipal Code as the fee which is fixed for the
issuance of new permits."

- 24 3

Commissioner Gallegos : "You can't deal with the
market value, is that right?"

Mr. Steven Diaz: "No, you cannot. This Commission
cannot . "

Commissioner Ciani : "On what basis did the court
rule that none of the bids were acceptable?"

Mr. Steven Diaz: "Well, I suppose you would have
the court here to explain its ruling. I' think the
court felt, number one, that the offer submitted
by Mr. Dobbs on behalf of his clients was clearly
inadequate, that it did not represent the fair com-
mercial value of the estate and although sales and
laankiaupit'cyy are of necessity distress sales, that
it was so far below the value of the estate that it
was not acceptable to them."

Commissioner Murphy: "Yes, but that included the
permits . " -,

Mr. Steven Diaz: "Well, that included the right,,
title or interest, if any , of the permits subject
to the right of this Commission to approve or dis-
approve the transfer and subject further to the
final resolution of the complaint which we have
filed."

Commissioner Ciani: "So you might end up really
overbidding, then, if we prevail on that complaint
and we can revoke . "

Commissioner Murphy: "What did he bid? Two million
and something?"

Mr. Steven Diaz: Well, it was $2.45 million plus the
assumption of some five hundred some odd thousand in
first and second notes on the real property."

Commissioner Ciani: "Can I ask you a question - if
you were not to prevail on this complaint - on whether
or not they are property - then there really wouldn't
be any way that we could revoke some . I have heard
people argue that perhaps 300 is the optium number
rather than 480 or how many there are. But unless you
prevail on your argument they are not property we
would have no way to revoke some number of those
permits on pur own feeling that there is no public
convenience and necessity to justify that number, is
that correct?"

Mr. Steven Diaz: "Well, Commissioner, without comment-
ing on the merits of litigation is this, which it is not
our custom to do at public hearings but to go directly
to the issue of whether or not you could not allow all of
the outstanding permits assuming we do not prevail in
the resolution -to be reissued. The court has acknow-
ledged it has not the power to 'order this Commission
to approve or disapprove any particular sale; all the
court can do is commend the sale to you. All right?

- 24*1 -

Now if you hold a hearing on public necessity and
convenience and you should find that the number of
permits outstanding at the present time is more than
is required by the public necessity and convenience
you may then withdraw some of those permits."

Commissioner Siggins : "There was a potential pro-
posal to us by the buyer that they were going to
come in and recognize that fact and suggest to.,us
on transfer that they give back some permits. They
are prepared to surrender some permits. But. of
course whether or not the Dobbs group will ultimately
buy Yellow Cab including any of its right and the
permits is problematic."

Commissioner Ciani : "Well, if they surrender the
permits could we just take that surrender without
having to have any hearings, we wouldn't need pub-
lic convenience and necessity hearing?"

Mr. Steven Diaz: "Well, I don't know =■=- we haven't
reached that question yet because we are still
dealing with the more basic issue." ,'.

Commissioner Siggins: "Well we had commenced hear-
ings to cancel Yellow's permits because they weren't
being operated and just before that period the court
said we would have to hold that and prevented us
from doing anything and what Mr. Diaz referred to
was the plaintiff's hearing on motion inside the
hearing that stayed that order."

Mr. Steven Diaz: "Well, bankruptcy language being
used and not used anywhere else in the law what
would normally be referred to as a motion to modify
or annul a stay is, in bankruptcy referred to as a
complaint pursuant to Rule 1144 of the Rules of Bank-
ruptcy . "

Commissioner Siggins: "Well, Okay Steve, another
thing you did not really answer Commissioner Ciani" s
question as to on what basis Judge Katz made the
ruling, one was "

Mr. Steven Diaz: "Well, we can't speak for the court
Commissioner - I think that is the first thing we
have to say. Well, Commissioner, again, excuse me,
there are a couple of problems - we did have an in
camera session with the judge. All counsel to the
litigation had an in camera session with the judge.
Uh, however, that's not a matter of public record
and that is not a matter at which we feel the liberty
to disclose publicly the court's private discussion
with us. Speaking of you as clients in another form
perhaps we could go into this matter; not here and
now. In terms of what the court has said on the
record, the court was concerned that the Dobbs offer
represented a very low return. Assuming that the
court has the right to sell those permits, the Dobbr

- 245

n

offer comes in, figures out arithmatically at
approximately $2,000 a permit which is clearly
a price far below any market, even one which ...
would be diminished because of the sudden flood
of so many available permits."

Commissioner Siggins : "Well, I thought it was
$6,000 dollars per permit?"

Mr. Steven Diaz: "Well, no Commissioner, Mr. Mateer,
the receiver, first represented that the Dobbs offer
was $4,000 a permit when he was inquiring and then he
said, well it's $6,000 and then the following day whe
he was inquiring again he said no, perhaps it's more
two to three and in fact Mr. Sulmayer who is the chief
counsel for the debtor, Yellow Cab, from the beginning
evaluated the Dobbs offer at $2,000 a permit and, uh ,
as the creditors committee figured out and analyzed
that offer it came out to $2,000 per permit."

Commissioner Ciani : "Why are you talking only about
the Dobbs offer. I understood that this auction
tested how much you would get by auctioning ■■'. the per-
mits individually." ' •'

Mr. Steven Diaz: "Alright, that's the other ....,,
See, what happened at the first hearing on our motion,
remove the stay was that the judge inquired of the
debtor whether or not they had made any good faith
efforts after all to get to help the City and County
with its public service problems and get those taxis
back on the streets. Mr. Sulmayer very dramatically
rose and proclaimed to the court that yes they had
and to demonstrate further their good faith they would
offer'." to sell to any comer, first come, first serve
subject to approval of the courts, subject ot approval
of the transfer by this Commission any permit, one or
more, that they may have for $6,500. That ultimately
because they had so many offers in, it became an auc-
tion concept. Quite now, is not clear to me. Uh . . . .
the auction was held and what they found was what the
creditors committee had been saying right along -
that if the permits are property they have more value
than $2,000 apiece and therefore the Dobbs offer would
be inadequate - so by that standard the Dobbs offer
was considered to be inadequate. Further, there has
never been a survey of the property of Yellow Cab.
So, for example, we do not know, uh , what the taxi-
cabs themselves are worth. We know they have radios,
but the radios can be worth anywhere from $50 to
$1,200."

Commissioner Ciani: "Well, they would probably sell
the meters too . "

Mr. Steven Diaz: "Well, that whole valuation has not
yet been thoroughly done."

Commissioner Ciani: "Has there been an appraisal?"

- 246 -

Mr. Steven Diaz: "There is an appraisal which was
conducted by the debtor. However, again, there is
no survey of which I am aware and a copy of that
appraisal has not at the present time yet been made
available to the creditors committee and so we're
really blind men walking around in the ,dark as
far as creditors are concerned."

Commissioner Ciani: "Where do we go from here?
Are we waiting now for some decision on the pro-
perty argument? Is that the next step?"

Mr. Steven Diaz: "Well, several things are happen-
ing simultaneously. First, the receiver has been
ordered by the court to proceed with a private sale.
So he is therefore supposed to go out and develop
any offer for the estate or any part of the estate
that he can to bring in the maximum return for the
creditors. I would point out that the City and
County of San Francisco is a creditor pursuant to
our agreement at the airport in an amount, depending
on how you analyze the contract, ranging from $187,
000 to perhaps as much as $487,000. So we are in-
terested that there should be some return to- the

creditors, uln, in this estate. Uh while that

process goes forward, of course, my complaint, goes
forward and that will undoubtedly be appealed, which-
ever side has an adverse ruling on It because there
are millions of dollars at stake and, uh, I frankly
am somewhat dismayed that the court chose over a
series of months to continue my complaint rather
than to rule on it and to continue it to such a
point where the whole constitution of the debtor
changed. Now we're in a receiver situation, the
court's been allowed auctions and other kinds of
sale arrangements to go forward and the whole pro-
ceeding is frankly in a very confused state and it's
very disturbing. I know Commissioner Siggins "

Commissioner Siggins: "So, what did the court do
with after all these bids have been made on an in-
dividual basis? Did the court make a comment on
this ruling?"

Mr. Steven Diaz: "No, the court, the formal letter
as I understand it is very vague. It says for poli-
tical, social and economic reasons the court finds
the offers to be Inadequate. And I would point out
there that the court has been quite sensitive to the
fact that this Commission, if sales of permits are to
be made, will have to address itself to public inter-
ests which are not ordinarily considered in a bank-
ruptcy. And I think one of the reasons Judge Katz
did rule was that he was concerned about what would
happen if so many hundreds of applicants for trans-
fers came into this Commission for hearings and then
were turned loose on the streets of "San Francisco
as small operators. I get the impression the court
has addressed itself in general terms on the record
to that ."

:47 -

Commissioner Murphy: "Has he recognized the fact that
it would be almost impossible to police the operation
if we have hundreds of individuals getting them?"

Mr. Steven Diaz: "Well, those arguments have been
advanced by various parties at the hearings and, urn,
certainly the behavior of the judge in rejecting all
of those individual permits which came to a substant-
ial sum of money, $3.4 million I believe is the figure,
recognizes, must be necessarily recognition of that
problem. "

Commissioner Siggins : "Mr. Spain, we are discussing
something with the City Attorney, do you have some-
thing further?"

Mr. Spain: "It's just the language you turn loose

an impossible situation you haven't held open hearings

on this to find if actually this is true."

Commissioner Siggins: "Well, okay we are go.ing to ask
the City Attorney." , /'.

Mr. Steven Diaz: "Well, in terms of if the Commis-
sioner is asking what seems to be on the judge's
mind, that seems to be from what the judge has said
to be on his mind as a factor he considers to be im-
portant. Uh, and it is a matter which has been ad-
dressed by the attorney for the debtor, by the re-
ceiver, by the attorney for the creditors committe
as well as almost everyone making an appearance has
at least in one 1 form or another chosen to address that
issue because they all have perceived it as an import-
ant consideration in the disposition of the estate of
Yellow Cab. "

Commissioner Murphy: "But the individual bids have
amounted to about $3 million, would you say?"

Mr. Steven Diaz: "Well, I believe that the total
came to about $3-4 million when they finally added
it up."

Commissioner Siggins: "Well, I would be, 'not guess-
ing but the record indicates the debts are about 14
million . "

Mr. Steven Diaz: "Well, again, we have a problem,
Commissioners, because we believe that there are
approximately $11 to $14 million in outstanding debts
against Yellow Cab of San Francisco; however, at the
last opportunity I had to examine the receiver, I
asked him howmany, for example, how many liens were
outstanding against the real property and he could not
tell me what the number of liens was. Nor could he

- 248 -

tell me what their total value might be. Nor could
he provide me with a survey of the value of the ra-
dios and the other equipment in the taxicabs or the
cabs themselves. So we have a long way to go."

Commissioner Siggins : "Well, he had been appointed
about three (3) weeks before."

Mr. Steven Diaz: "Well, he has not had perhaps
enough time to do these things' but if the question
arises do we know? The answer is we don't know be-
cause we can't answer those questions."

Commissioner Gallegos: What position do the former
employees have in regards to back pay, pension and
other benefits? And then what position would the
City take in this regard?"

Commissioner Siggins: "Back pay was only about two
days or three days, two days."

Mr. Steven Diaz: "Well, that's right - back pay is
entitled to certain priority up to worth."

Commissioner Murphy: "Is it like in a Tenants Lien?"

Mr. Steven Diaz: "Well, no there is, the bankruptcy
law itself sets up a priority for such wage plans.
Some of that has already been paid. Right. The
bigger items are the claims of the pension fund which
I believe amount to $1.1 million and .they have var-
ious judgment liens which are the result of various
actions - Alameda, Los Angeles, here, but all filed
here, uh , and are valid are alleged to be valid a-
gainst the real property here. The other liens have
never been described to me and no report has ever
been made to the creditors committee although I had
at least three creditors committee requests for writ-
ten reports from first the debtor and then from the
receiver had been made. Those requests have gone
unanswered and the court has made a complaint about
that."

Commissioner Siggins: "Now Mr. Diaz, why do people
come to us - what answer are we going to give to
people who come to us and say 'we have a permit, we
bid on a permit, we are entitled to one. We were
high bidders ' ?"

Commissioner Murphy: "And they say, 'we want to
pursue - the bidding'"

Mr. Steven Diaz: "The answer to that is number one,
as to those who say that they were successful bidders
at an auction - they did on the condition that the
court approved the bid. The court has issued its
order refusing to approve any bid. Therefore, no

- 2^9 -

person was a successful bidder at auction failing
that condition. When it comes to any person who
inquires as to obtaining a new permit or otherwise
to have this Commission act on any permit which was
formerly held by Yellow Cab, we are under order of
court pursuant to Rule 1144 of the Bankruptcy rules
which suspends the jurisdiction of this Commission
to hold any hearing affecting the disposition of
those permits."

Commissioner Siggins : "Now Mr. Diaz, I was criticized
of not being in attendance at the auction. Do you
think there is any merit to that?"

Mr. Steven Diaz: "Mr. President, that is a wholly
unmeritorious contention because number one, there
was no requirement that the City and County either
as a creditor or as a complainant be present. The
attorney for the creditor's committee was present so
our interests in that regard were well represented,
uh, the auction was ''.itself simply a device to take
in bids, it was a mechanical procedure and as the
President is aware and I will make the other.;, Com-
missioners aware now, the court had previously in-
dicated to us that it had not intended because a
receiver was now on the scene to take the matter
off calendar pending the appropriate amendment and
reserving. So there was absolutely nothing that your
President could have done at that hearing. He was
not invited to that hearing and if any of you happen
to have been there you would know that, uh, if that
hearing which attracted over 600 people into one
courtroom and for which no advance arrangements had
been made by way of registration, security and the
like and the like effect, I got a call from Judge
Peckham, the chief judge here, would I arrange se-
curity the morning before the hearing; so, uh , it
was absolutely chaos."

Commissioner Hall: "The President . could have made
a bid, however, had he been present."

Mr. Steven Diaz: "The City Attorney would have been
most disappointed if the Commissioner had chosen to
do so."

Commissioner Siggins: "I could ask certain types
of people about what the Department .Ifeels and I
have spoken with one Commissioner who probably would
be looking for somebody to, of course the idea would
be somebody to replace the services of Yellow Cab
performed in its heyday, and maybe some of my com-
patriots ought ot ask Lieutenant Dempsey and his De-
partment about the type of things that would happen,
if permits were given out on an individual basis.
That is why we have asked Lieutenant Dempsey to be
here tonight . "

- 250 -

Lieutenant Dempsey: "First, I want to point out,
Commissioner, you were represented at the hearings
up there by either myself or members of the cab
detail were up there monitoring the auction or what-
ever you want to call it. Counsel was also present.
I could point out that there's four major cab com-
panies in San Francisco - DeSoto, Veteran, Luxb'r and
City. And there is 361 cab permits permanent right
now. 36l, yes. Four companies own 265 of those
36l. We have splinter groups, have companies that
own as many as many as one permit up to maybe twelve
permits. Also we have 91 emergency permits given
out at the direction of the Noard of Supervisors be-
cause of defunct Yellow Cab. So we actually have
452 cabs on the street right now and companies that
we are. having problems with, for instance, if a
purse is left in a cab or if a cab driver is getting -
nasty to a customer and the customer complains is
these splinter groups that are working .out of gas
stations or might be working out of their own garage.
We try to contact them and it is very difficult. So,
in my opinion, it would be chaotic to give the cab
permits out to say an individual. We would recommend
strongly that they go out as a fleet into an organiza-
tional corporation." ■,

Commissioner Siggins : "The 265 permits that are div-
ided between the four major companies -.-all have
radio service?"

Lieutenant Dempsey: '"Yes, sir. These are the four
companies that do have radio service, We have no
problems with them as far as communication. If we
have a problem with driver, we get a complaint, we
call one of the major companies, it could happen to
be one of their drivers and inside of an hour that
driver is in our office. We have no problems what-

Commissioner Ciani : "Well, you could have separate
ownership of the permits and still have an under-
standing that those owners would be subject to some
centralized authority."

Lieutenant Dempsey: "Yes, this is the way the major
companies are set up right now. DeSoto has individ-
ual owners, but they formed a corporation and work
under one company."

Commissioner Murphy: "And Veterans, too, don't they?"

Lieutenant Dempsey: "Yes, all of them, Commissioner
We would have no objection to that, separate owners.,
but we would like them to form a group."

Commissioner Murphy: "What about Rose? I see quite a
few of those. Rose Cab Company, they have got more
than one cab . "

251

Lieutenant Dempsey: "Rose? They could have, and
I could be guessing if I said six or eight."

Commissioner Siggins : "We had, he gave me a list
but I don't have it here."

Commissioner Ciani: "Do we have all of the illegal
taxis under control at this time?"

Lieutenant Dempsey: "Yes we had one of the gentlemen -
two of them in yesterday for the permit hearing from,
uh, from uh City Cab and Eagle Cab, they both are even-
tually for hearings."

Commissioner Ciani: "Do you suspect that there are
other illegal operations aside from those two?"

Lieutenant Dempsey: "Well, we've got the greatest
thing going for us right now, Commissioner, down
at the airport where they started a fee down ,;there -
you have to go through a line and the airport' police
monitor a cab to come in there now and it's absolutely
fantastic. I think we're getting probably a letter
a day from them complaining about something. Some-
thing regarding a faulty medallion or something hap-
pening. "

Commissioner Ciani: "Do they get enough information
so you can pursue those?"

Lieutenatn Dempsey" "Yes, ma'am. We are pursuing
them. We're going against DeSoto, we've got them
coming in for a hearing and, uh, we're pursuing every
one of them. "

Commissioner Hall: "Am I to understand that the cabs
are more controllable under one umbrella than the
separate cabs?"

Lieutenant Dempsey: "Yes sir, by far."

Commissioner Siggins: "Then that goes not only on
discipline but the insurance standpoint? Checking
with the insurance?"

Lieutenant Dempsey: "I might point out to you that

the insurance right now on a cab is $5,000 a year

per cab. It's terrible. You can't be a poor man
to go into the cab business today."

Commissioner Siggins: "Okay, thanks Lieutenant. Mr,
Spain, you wanted to say something?"

252 -

Mr. Spain: "As he mentioned, the airport is a
perfect place for control. Every cab in San Fran-
cisco probably passes through the airport now at
least once a day. Uh, it seems like your problems
with regulating cabs have been greatly eased by
the airport situation and, let me point out that
there were 100 cabs up until the Yellow folding
which did not have radios. And that is the crucial
problem - just not communications as far as radios."

Commissioner Siggins :

"Are you the gentleman that

Mr. Spain: "Yes, I called you, I called you."

Commissioner Siggins: "You sent out the letter?1

Mr. Spain: "I sent nothing that was written."

Commissioner Murphy: "Would you like to -give us
your name? "

Mr. Spain: "Michael Spain. I am a taxi.- driver - I
have been driving for five years."

Commissioner Hall: "We have something with your
name on it . "

Mr. Spain: "No, that's Mr. Spah
If Mr. Spahn were here, there's
I would like to point out is tha
individual owners - well let me
a majority of the buyers were p
in the taxicab business. They w
the Chinese and different indivi
one Cab Col, it's not like you w
individuals, you are actually se
150 individuals, tO of whom are
or have had intimate connection
who are drivers who are going to
Andthese people are not my age,
are tfrom 40 to 55, 60 years old
in the community. And -."

n - S - P - A
no resemblance
t I am in favo
say thqt at th
eople who were
ere the bigges
duals who aire
ere selling to
lling to appro
already in the
s and maybe an
enter the bus
gentlemen, mos
, very respons

- H - N."
. What
r of the
is auction,

already
t buyers,
ady owned

450 new
ximately

business
other 100
iness .
t of them
ible people

Commissioner Siggins: "Mr. Spain, this is not a conveni-
ence and necessity hearing. Do you think that putting
500 more permits out on the streets now would be right?"

Mr. Spain: "Yes, it would. 400 would be alright."

Commissioner Murphy: "How about 300?"

Mr. Spain: Three hundred, again, like to see 300 to 350,
I want to remind the Commission that the more taxis on the
street the less is the worth of the medallions that were
previously held. And the people who are already in the

-^53-

industry are interested in seeing the least amount
of taxicabs go back out on the street' and that's
why I, uh - . "

Commissioner Siggins : "I was also talking about
service to the public."

Mr. Spain: "300 I consider is a very fair number."

Commissioner Hall: "You're talking about a maxi-
mum of about 700 or more cabs."

Mr. Spain: "Well, yeah, when Yellow was in opera-
tion there were 850 licensed cabs. Yellow held
500 but only used between 300 and 350 or sometimes
it was rumored 420 during peak times, that is the

Commissioner Siggins: "Okay."

Commissioner Hall: "Presently we have better than
400? Correct?" "7

v* «

Commissioner Siggins: "91 are temporary."
Commissioner Murphy: "Oh, they are?"

Commissioner Siggins: "Yeah, 91 are temporary med-
allions that uh, so there are really 361 permits
which are operating now."

Mr. Spain: "I contend that if the judge of the bank-
ruptcy had known, had been given some kind of informa-
tion beforehand he would have only auctioned off 300
permits at that time. He may have only auctioned off
300 and kept the other 150 or 188."

Commissioner Siggins: "Our contention is if he gave
us back the permits he auctioned off we would have
looked at the situation differently. Our contention
is that he has no jurisdiction over any of the permits."

Mr. Spain: "Well, you see, that wasn't important in
the auction. Both Dobbs and the individual bidders
were bidding knowing that that suit was pending. The
judge guaranteed that the money would be returned to
the individual bidders if the Police Commission reject-
ed, did not transfer, if the Board of Permit Appeals
also rejected it or if later the City was to win their
suit in Federal Court. So we were bidding knowing'
that our bets were covered. We were reassured that
by the judge . "

Commissioner Siggins: . "Okay, thanks."

Commissioner Ciani: "I think we should thank Mr. Diaz

- 2^k

for the very well prepared report he presented to
us at this late hour."

Commissioner Murphy: "Thanks for staying through
all of this. "

Mr. Steven Diaz: "If the Commissioners have ques-
tions, I hope they will realize that I am available
and not only at these meetings."

The Commission then adjourned its meeting.

255 -

6 APRIL 1977 j. j EXECUTIVE SESSION

The^Police Commission of the City and
County of^San Francisco met in their chambers,
Room 551, Hall of Justice, 850 Bryant Street,
on Wednesday, April 6, 1977 in Executive Session
at 1700 hours and Regular Session at 1730 hours.

PRESENT: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

Commissioner Siggins presiding.

MAY 2 4 1977

1. - PERSONNEL MATTERS. mH

NO VOTE WAS TAKEN ON THIS ITEM. ^wbbww*"*

6 APRIL 1977 REGULAR SESSION

The .members of the Commission, having
been furnished copies of the minutes of the meet-
ing of February 23, 1977, reading of same was dis-
pensed with and the minutes were approved.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "No report tonight Commissioners. There
are so many agenda items."

Commissioner Ciani: "I am sure you are going to ex-
plain to us why you are in your uniform."

Chief Gain: "Oh yes, last Thursday, I wore my uni-
form because I had an appointment to be on a TV pro-
gram and the person that was the interviewer had
for about a year, expressed some interest and desire
for me to wear a uniform and so I felt it would be
appropriate that morning to get a favorable reaction
for the Interviewer so I wore the uniform. I decided
Thursday that I would wear it all day and made a com-
ment that I would wear it all this week and hence
without any regret I am wearing it all this week.
To my consternation Monday morning my Staff was sur-
prised when I walked in. Some news people came in
and they expressed shock but that was on Monday and
now I find that people are becoming accustomed to it .
I have now shocked the Commission and you are accust omed
to it."

- 256 -

SENATE BILL N0.164 - AMENDMENT TO THE MEYERS MILIA3
BROWN ACT.

Chief Gain: "This was on our previous agenda. The
Commission passed a resolution urging the Board of
Supervisors to oppose passage. The Board of Super-
visors now has opposed the passage of that Bill so
the Police Commission now can of course choose if
it so desires to adopt a Resolution which will be
sent to the legislators or whatever."

Commissioner Murphy: "Another Resolution?"

Chief Gain: "Well, if you desire to make it known
to our Representatives in Sacramento what the posi-
tion of the Commission is, then that should be done,
because of the action of the Board of Supervisors.
They have acted in opposition. Or you can authorize
me to take appropriate action on whatever it may be."

Commissioner Ciani : "Well our position is expressed
in the letter that was sent to the Board of .;Super-
visors and I think we should make a consistent posi-
tion known to the legislature."

Commissioner Murphy: "Did you find out what the
amendments were though? You remember we heard
they were going to amend it."

Chief Mullen: "The one that I saw eliminated police
officers other than those under 830.1 which still
included us therein."

Commissioner Murphy: "Did it in anyway limit the
provisions of the act to "salary or working condi-
tions or anything like that or did it include both?
Because we had some concern about that."

Chief Mullen: "Not the amendment that I saw but as
Lieutenant Trueb syas, that might not be the only
amendment . "

Commissioner Siggins : "Barring some change in the
collective bargaining aspect of the Bill, we could
address a letter to the legislature and give them
our own view . "

Commissioner Murphy: "I think we could do that,
but if we could do that with the reservation that
if it is amended in such a way that "

Commissioner Ciani : "It would remove the essence
of the legislation if it were amended so that it

257 -

would please us. That isn't ever likely to happen."

Lieutenant Trueb : "I contacted Mr. Gerber who is
the City's new legislative representative and I in-
dicated to him that the Commission was interested in
receiving any amendments to that Bill and had taken
a position by Resolution and was waiting for the
City's position so we will be informed of any changes
I tend to agree with Commissioner Ciani that they
would never change that piece of legislation to where
it would satisfy the punch that the Commission had
in it ' s letter. "

Commissioner Siggins : "We will prepare a letter
to the legislature in that regard."

Commissioner Gallegos : "I submit that we make a
recommendation to have the Chief express our com-
ments Are you going to go up and testify?"

Chief Gain: "Yes sir, it wouldn't take any resolution
for that though, the Commission's statement .stands now
and of course I am authorized to just go ahead and re-
present that feeling."

Commissioner Ciani: "While you are up there would
you ask them about this quota on citations? I would
like to make a comment about that. From my own ob-
servations, which I have expressed many times, people
disregard stop signs and traffic lights in this city
to an alarming degree. I wish I could give tickets
to the number of people that I see going through traf-
fic lights and stop signs. If the Police Officers'
Association opposes the principle of giving traffic
citations and that is what it appears to the public,
that the Police are not doing their job. I think it
is only going to aggravate the situation and that is
of great concern to me. I wonder whether there are
any statistics on the accidents that occur at inter-
sections because of people going through stop signs
and traffic lights?"

Chief Gain: "Yes, there are statistics."

Commissioner Caini: "Well I see it increasing. May-
be I am more aware of it but practically every time
I see a light change somebody is jumping it."

Chief Gain: (To Deputy Chief Donald Taylor), "Do
you know hwat our accident experience is this year
compared to last?"

Chief Taylor: "No Chief, I don't have that infor-
mation on hand . "

Chief Gain: (To Commissioner Ciani) "We can get that."

-258-

Commissioner Ciani: "I do think the 'public feel:
that the police are not policing those law;;.'"

Chief Gain: "We have come to learn that effective
January 1, this year the legislature passed what
I feel is a ridiculous law stating that you could-
n't have any type of measuring devices of that
nature and I think that is sheer stupidity and I "
can only assume they did it because somewhere in
California where they had a quota it finally got to
be a legislative thing. So they say we have to
measure based upon other type factors. Now what
we are going to do is that we feel that we do have
generally very dedicated police officers we are
going to endeavor to motivate them, bring about an
understanding for the need for uniformed officers
to write citations when there is nothing more of a
higher priority to confine them, give them more pre-
clseinformation on hazardous intersections and the
type of citations they should be writing, and to
that measure get an increased number of citations
written. That is what we are going to do now."

Commissioner Siggins : "While we are talking. about
some of these things Chief, the President of' the Bar
Association sent you a letter, I don't know,' if you
have seen it or not, it makes reference to that hold-
ing station at the Hilton Hotel and I think the Board
is talking about from the newspaper report that the
police use some room in the hotel as if you were usinj
some rented room in the Hilton Hotel."

Chief Gain: "No, it is in the Garage Area of the
Hilton Hotel and it is merely a room where, when
certain arrest are made, they take the arrested per-
son to that holding area to wait for the police wagon,
to wait for transportation which can be ten minutes,
a half hour or more in the waiting. It means also
that if they didn't use that of course then the ar-
rested person and the officer would be out on the
street just standing there which would present some
problems . "

Commissioner Ciani: "What is the arrangement, is this
just space donated by the Hotel?"

Chief Gain: "As I understand it is used by the Securi-
ty Personnel of the Hotel. For the information of the
Commission I evaluated that a year ago when I first
learned about it and now I am evaluating it again as
to getting faster police wagon response or something of
that nature. There is nothing wrong per se with that
holding room as I see it. It was a convenience at the
courtesy of the Hotel and I am not referring directly
to the Bar Association but I think people are drawing
some wrong conclusions about why we utilize that room
and where that room is. I would submit Mr. President,
members of the Commission, that there is nothing
wrong with using that facility. It Is yer# vvery common

ih Department stores. In most regards most of those

•259-

stores do have Security Officers themselves -who
have security rooms which are very very common for
the police to utilize those and I would say as far
as liability in regard to anything the police do that
they will be subject to suit if something did occur.
But the fact that the room was there that wouldn't
be the problem it would be some type of action that takes
place as we might have to break down doors for exam-
ple somewhere and we are subject to suit. So that
would be the only problem."

Commissioner Murphy: "I think one of the advantages
of that room is that it has on two or three sides
glass, big glass windows and you can see what's goinj
on there and people from the outside can see what's
going on looking in from the street."

Commissioner Ciani : "The curtains are always drawn
in there . "

Commissioner Murphy
was there . "

"Well they weren't the night I

Commissioner Ciani: "Well the point of liability is
if for example a policeman takes someone into that
office and the person becomes violent and physically
harms one of the hotel security people that person
would have a suit against the City, I think; having
been put in danger by the police bringing that person
in."

Commissioner Siggins :
to that letter. "

"I think we have to respond

Chief Gain : "Oh, I will respond to the letter."

SETTING OF DATE FOR PUBLIC HEARING RELATIVE TO AMEND-
ING RULE lv07 OF THE RULES AND PROCEDURES OF THE SAN
FRANCISCO POLICE DEPARTMENT - ORDER OF RANK.

Date set to be heard is April 20th, 1977.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

REQUEST OF MR. ED JUNG TO DISCUSS WITH THE POLICE
COMMISSION, SECTION 1165-1 OF THE POLICE CODE.

Mr. Jung appeared and stated that he wanted this
section of the police code to be further amended
so that he would be allowed to have fous wheels for
his rickshaws instead of three. He presented to
the Commission pictures of the type of vehicles
he would be interested in utilizing for his business,
The matter was then continued for further discussion
in three weeks.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

DISCUSSION OP RESOLUTION PREPARED FOR THE PILOT PRO-
GRAM OF THE OFFICE OF CITIZENS' COMPLAINT.

Discussion on this item centered around complainants
choosing either the Internal Affairs Bureau or the
CCO to investigate their complaints. Mr. Brosnahan
of the Bar Association stated that a possible solution
would be to assign Civilian Investigators tFQrvatfious
neighborhoods of the City because the encouraging fac-
tors of this program is that if citizens went to make
complaints they would know that they were not talking to
police. Evaluation of the program internally or
externally was also discussed. Mr. Brosnahan stated
that he didn't want to offend the Chief but he thought
that evaluation of the program should not be done by
the Captains of the Police Department. Commissioner
Murphy stated that she had been one of the promoters of
the compromise of this program. She said she feels
that there wouldn't be a chance to get the necessary
funds from the Board of Supervisors for the complete
program of the CCO. She further stated that she thought
it would be foolish to depend entirely on outside
evaluation because she didn't think that the money
would be forthcoming for that either. Further discussion
was held and it was decided that the resolution would
be changed to make it clear what the citizens rights were
and what the program would provide for them, specifi-
cally regarding their rights of choice of who would
make the investigation of their complaints.

Commissioner Siggins then stated that it would be put
over for further discussion at next week's meeting.

HEARING OF MR. KUNG-KAY CHIU RE DENIAL OF APPLICATION
FOR PATROL SPECIAL OFFICER.

Mr. Thomas Hehir, Attorney for Mr. Kung-Kay Chiu,
stated that his client had been turned down in his
request to become a Patrol Special Officer for the
City and County of San Francisco by Police Surgeon
Dr. Norman Steiner. He stated that the Doctor rejected
his clients application because of his client's depen-
dency on contact lenses. He stated that he had spoken
to a Dr. Robert Lester who has been at U.C. since 19^7
and is head of the Contact Lense Department who said
that his client with this type of contact lense could
do Patrol Special Police work. He further stated that
he had received this type of affirmation from other
doctors such as Dr. Charm and Dr. Chew. He stated
that he did not know what type of experience Dr. Steiner
had had with this type of contact lenses but he stated
and (presented to the Commission) there is an article
that says they can be used. He then stated that he
was just asking that his client be allowed to become
a Patrol Special Officer.

Doctor Steiner stated that he did not use his own ex-
perience in terms of evaluating it, but he asked four
other doctors, two M.D. Opthalmologist and two Optom-
etrist about it. He stated that here are extenuating
circumstances that any soft contact or the old fashion
contact lenses that doesn't assure its perpetual use
so that you can't predict the individual will be able

-261-

to wear it for 10 hours a day. He also stated that there
was the uniform concern that an individual who couldn't
even see that 'NO SMOKING SIGN' from 20 feet without
lenses is not safe to carry a gun. He stated that maybe
they don't have the occasion to use guns or be involved
as much as a police officer but there is a hazard and
there is a city responsibility if while they are detain-
ing someone they get hurt.

The Commissioners after much discussion on the matter
asked Doctor Steiner to poll the various Opthalmologist
and Optometrist and report back to the Commission in
two weeks with his findings.

RESOLUTION NO. 156-77

ASSISTANT INSPECTOR PATRICK A. WOLFE, BUREAU OP
INSPECTORS

WHEREAS, on Monday January 31, 1977, Charles
R. Gain, Chief of Police, made and served charges against
Assistant Inspector Patrick A. Wolfe, reading as follows:

SPECIFICATION NO. 1 i>

Violation of Section 118 of the Penal
Code of the state of California. (Vio-
lation of Rule 2.13 of the Rules ami
Procedures of the San Francisco Police
Department . )

and

WHEREAS, on Friday, February 18, 1977, a First
Amended Complaint was made and served against Assistant
Inspector Patrick A. Wolfe; deleting Specification No. 1
in its entirety and adding thereto Specification No. 2
alleging drinking intoxicating beverages while on duty
(Violation of Section 2.125) and adding thereto Speci-
fication No. 3 alleging a false answer to a superior
officer (Violation of Section 2.45), and adding thereto
Specification No. 3 alleging failure to answer questions
truthfully while under oath (Violation of Section 2.13)

and

WHEREAS, on Wednesday, March 2, 1977, a First
Amended Complaint (substituted) was made and served
against Assistant Inspector Patrick A. Wolfe, deleting
Specification No. 1 in its entirety and adding thereto
Specification No. 2 alleging drinkin intoxicating bev-
erages while on duty (Violation of Section 2.125 and
adding thereto Specification No. 3 alleging a false
answer to a superior officer (Violation of Section 2.49)
and adding thereto Specification No. 3 alleging failure
to answer questions truthfully while under oath (Viola-
tion of Section 2.13)

and

-262-

WHEREAS, the Police Commission set Wednesday
April 11, 1977, as the date for the hearing on charges
filed against Assistant Inspector Patrick A. Wolfe;
and

WHEREAS, Chief of Police Charles R. Gain
announced that the Police Department was in receipt of
the resignation of Assistant Inspector Patrick A. Wolfe. ?:<
from the San Francisco Police Department; said resign-
nation effective March 29, 1977, which resignation was
accepted with the condition that the services of Assis-
tant Inspector Patrick A. Wolfe, have been unsatisfactory
and that he does not resign in good standing; therefore
be it

RESOLVED, that the charges of violating the
Rules and Procedures of the San Francisco Police Depart-
ment filed against Assistant Inspector Patrick A. Wolfe,
be, and the same are hereby continued off calendar.

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

RESOLUTION NO. 136-77

SUPPLEMENTAL BUDGET FOR FISCAL YEAR 1977-78-
SAN FRANCISCO POLICE DEPARTMENT

RESOLVED, thatthe Supplemental Budget of
the San Francisco Police Department for the Fiscal
Year 1977-78, as submitted by Chief of Police Charles
R. Gain in the following amount, be, and the same is
hereby approved.

SUPPLEMENTAL BUDGET -'$77,l6l

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

HEARING OF BUILDING AND GROUNDS PATROLMAN VERNON
EASTER, SOUTHERN POLICE STATION

The hearing of Building and Grounds Patrol-
man Vernon Easter, Southern Police Station, was called,
it having been set for this date. Building and Grounds
Patrolman Vernon Easter was charged with violating the
Rules and Procedures as follows:

SPECIFICATION NO. 1

Sleeping on Duty. (Violation of
Section 2.101 of the Rules and
Procedures of the San Francisco
Police Department.)

•263-

in a properly verified complaint by Charles R. Gain,
Chief of Police.

Building and Grounds Patrolman Vernon Easter
appeared in person and was represented by Mr. Joseph 0'
Donoghue, Union of City Employees.

Sergeant David P. Roche, Legal Office,
appeared as Prosecutor for the Police Department.

The reading of the charges was waived.

Mr. Joseph O'Donoghue, on behalf of Building
and Grounds Patrolman Vernon Easter, entered a verbal plea
of "not guilty" to Specification No. 1.

Opening statements were made by both the
Prosecution and the Defense.

The matter was then continued at the request
of Mr. O'Donoghue who asked for a City Attorney's op-
inion in regard to Police Commission jurisdiction "in
the handling of disciplinary matters for non-swcfril'
members of the Department .

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

MEET AND CONFER WITH THE SAN FRANCISCO POLICE OFFICERS'
ASSOCIATION

Present for S.F.P.O.A.

Present for Police Commission

Jerry Crowley

Stephen Solomon
Ralph Salzman
Joe Patterson
Jack Ballentine
Paul Chignell

Richard J. Siggins

Judith E. Ciani

Herman E. Gallegos

Jane M. Murphy

James A. Hall

Chief Charles R. Gain

Deputy Chief Kevin J. Mullen

Lieutenant Dick Trueb

Sergeant Willie Frazier

TOPIC OF DISCUSSION
MEMORANDUM OF UNDERSTANDING

Sergeant Cr
Appellate C
S.F.P.O.A.
He stated t
effect for
is, since i
two more ye
cinded and
issued in i
is still in
the Police
six months
was sure th

owley in opening the meeting stated that the
ourt had decreed and the position of the
, is that' the Memorandum of 197^ is in effect,
hat not only is it in effect but it will be in
two more years. He stated that the second point
t is still in effect and will be in effect for
ars, he requested that General Order #9 be res-
that an order from the Police Commission be
ts place stating that the Memorandum of 197^

full force and effect. He further stated thai
Commission had had their proposals for the last
and during those last six months ? he stated he
at the Commission would have counter-proposals

-264-

and that his Association would accept thes'e in writing
He stated that they would also like to modify the pre-
sent proposal but it was certainly important that the
Commission first of all acknowledge the existence of
the Memorandum being in full force and effect.

Commissioner Siggins stated that his understanding was
that the Memorandum of Understanding of 197*1 was not
in effect and if it was in effect it would expire on
April 16th.

Mr. Stephen Solomon then intervened and stated that it
was unfortunate that the City Attorney was not present
but in 1975 the Police Commission by Resolution declared
the 1971* Memorandum of Understanding null and void. He
stated that the California Court of Appeals said that
was wrong in a published opinion and that the Memorandum
of Understanding was in full force and effect that the
Commission had no authority to do what it di§-.arid :that
Mayor Alioto in settling the strike of 1975 had total
power in the Charter as it then read to breathe life
into: the contracts. He continued by saying this Com-
mission since 1975 has refused to live up to the pro-
visions of the 197^ contract and that contract on jpage
1 said that its duration shall be for three year,s.-/and
there is no termination date in the agreement. He
stated that during the time that the Commission said
the contract was invalid and refused to live up to it,
that contract was tolled and that the Association has
approximately 2 years and 1 month still to go in that
agreement. He then stated that the California . Supreme.
Court denied a hearing and that there is now a motion
before Judge Mullens which was set for the 29th of this
month to assess attorney's fees against the City and
County for loosing the law suit.

Commissioner Siggins stated that it seemed to him that
the theory in what Mr. Solomon had said was cold and
very species and at the first meeting the current Com-
mission held with the P.O. A., they had went along with
the recommendation of the Department in publishing Gen-
eral Order Number 9 in that certain things be reinstituted
from the Memorandum of Understanding. He continued by
saying that, but the very fact that Mr. Solomon stated
that the contract is valid, he (Siggins) would have to
assume that it expires on April 15th, 1977.

Mr. Solomon then stated that if the Commission takes
that position then what it is telling the P.O. A. , is
that the Commission can arbitrarily and capriciously,
illegally and improperly void an agreement that it
makes with the employees.

Commissioner Siggins then stated that that was not
true and that the Commission, by instituting General
Order #9, practically every aspect of the Memorandum
of Understanding was lived up to.

Mr. Solomon interrupted by saying except the binding
arbitration provisions for grievances and except the
full detail at full pay and pension benefits for the
President of the Association. He stated that those

-265-

are two very important aspects of the contract which
have not been in effect based on what the Commission
did in 1975- He continued by saying his people have
been deprived of the right to have binding arbitration
for grievances based on the Commission's action. He
stated that his was one of the key basis of the 1974
Memorandum of Understanding. He stated that the Com-
mission issued a special order only because the Chief
indicated that those aspects of that order were nec-
essary to run the Department. He further stated that
the Commission was not doing them (the P.O. A.) any
great favors that they have had to pay his salary
and that the P.O. A., has had no binding arbitration
in any of their grievances.

Sergeant Crowley then stated that that was the P.O.A.'s
argument supporting the fact that the Memorandum of
Understanding was still in effect and that if the
Commission and P.O. A., were going to continue to meet
he suggests that the Commission acknowledge the fact
that the Memorandum of Understanding is in existence,
issue an order rescinding General Order #9, issue a
new order and then the Commission and P.O. A., could
meet for a period of two months;, on the re-opening of
a portion of that contract and he felt that that was
at issue here before discussion began on a new Mem7
orandum of Understanding. /'

Commissioner Siggins then stated that those two issues
would have to be resolved. It was subsequently de-
cided that the Commission would seek legal guidance
from Mr. Milton Mares, Deputy City Attorney on the
above issues and then meet again with the P.O. A'.,
on Monday, April 18, 1977, at the POA, headquarters

at 5:30 p.m.

RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendations of the
Traffic Bureau on the installation of zoning for
the regulation of traffic on the public streets, be,
and the same are hereby approved:

1309-1315 - 20th AVENUE - NEIGHBORHOOD SHOE REPAIR

a) At 1309-1315 - 20th Avenue, revoke existing

3^' yellow zone - (44' - 78' south of Irving. ]

200 BROAD STREET - GREATER HOLINESS TEMPLE CHURCH OF

GOD IN CHRIST

a) At 200 Broad Street, install a 22' white
zone, to extend from 16 ' - 38' north of
south property line.

1066 POINT LOBOS - CLIFF HOUSE

a) At 1066 Point Lobos (main entrance) - revoke
existing 50' white zone - (24' - 74' north
of south building line.

-266-

325 ARGUELLO BOULEVARD - WAH ME I SCHOOL

a) At 325 Arguello ..Boulevard, install a 22' white
zone, to extend from 32' - 54' south of north
property line.

522 FREDERICK STREET - STADIUM GARAGE

a) At 522 Frederick Street, install a 62' yellow
zone to extend west from east property line.

398 ONEIDA AVENUE - BRENTWOOD MARKET

a) At 398 Oneida Avenue, revoke 40' yellow
zone, from 20' - 60 ' east of Delano.

450 DELANO AVENUE - BRENTWOOD MARKET

a) At 450 Delano Avenue, install a 50'

yellow zone, to extend from 48' - 98'
north of south property line.

1240 VALENCIA STREET - POLICE DEPARTMENT

a) At 1221 Valencia Street, install a
132' red zone, to extend from 88' -
220' south of 23rd Street. (Also
sign stating "No Parking - Police Cars
Only.")

161 WILLOW STREET - POLICE DEPARTMENT

a) At 161 Willow Street, install a 132'

red zone, to extend east from east property
line of #155 Willow Street. -
(This area already a red zone — all
that is needed Is sign - "No Parking-
Police Cars Only.")

AYES: Commissioners Ciani
Murphy, Siggins

Gallegos, Hall,

REVOKED

RESOLVED, that the recommendations of the
Traffic Bureau on the revocation of 124 feet of yellow
and white zones, at various parts of the City at the

■ 267-

locations submitted, be, and the same are hereby approved

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RETIREMENTS

Communications were received from the Retire-,
ment Board officially notifying the Police Commission of
the retirement of the following-named members of the Police
Department :

a) Lieutenant Sydney 0. Olsen, Taraval

Police Station, for service, effective
February 23, 1977-

b) Sergeant Thomas M. Childs, Richmond
Police Station, for service, effective
February 25, 1977-

■i

c) Sergeant Lee Nelder, Central Police
Station, for service, effective March
22, 1977.

d) Inspector Richard G. Castro, Bureau of
Inspectors, for service, effective
March 21, 1977-

e) Inspector Paul A. Cavagnaro, Bureau of
Inspectors, for service, effective
March 21, 1977-

f) Inspector John W. Collins, Bureau of
Inspectors, for service, effective
March 2, 1977-

;) Inspector Louise M. Reed, Juvenile Bureau
for service, effective March 2, 1977-

h) Police Officer John E. Bagot , Richmond
Police Station, for service, effecitve
March 8, 1977-

i) Police Officer Garrett J. Scanlan,

Mission Police Station, for service,
effective February 14, 1977-

The Communications were ordered filed,

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

-268-

RESOLUTION NO. 137-77
ANNA CUSENZA

RESOLVED, that the recommendation of
City Attorney for settlement of the claim of
Anna Cusenza against the City and County of San
Francisco in the sum of $18.00 as the result of
a faulty tow, be, and the same is hereby appro-
ved.

Date of Incident: October 25, 1976

AYES: Commissioners Ciani, Gallegos,
Hall, Murphy, Siggins

RESOLUTION NO. 138-77

DEBORAH E. HECHT

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of ,
Deborah E. Hecht against the City and Countyiof
San Francisco in the sum of $22.00 as the result
of a faulty tow, be and the same is hereby appro-
ved .

Date of Incident: October 10, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 139-77

LYNN DOROTHY LESH

RESOLVED, that the recommendation
of the City Attorney for settlement of the claim
of Lynn Dorothy Lesh against the City and County of
San Francisco in the sum of $22.00 as the result of
a faulty tow, be, and the same is hereby approved.

Date of Incident: October 10, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 140-77

LINDA R. MASCON

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim of
Linda R. Mascon against the City and County of San

-2f

Francisco in the sum of $21.00 as the result of
a faulty tow, be, and the same is hereby approved

Date of Incident: October 10, 1976

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

RESOLUTION NO. 141-77

GEORGE F. MULLER

RESOLVED, that the recommendation of
the City Attornye for settlement of the claim of
George F. Muller against the City and County of San
Francisco In the sum of $21.00 as the result of a
faulty tow, be, and the same is hereby approved.

Date of Incident: October 10, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 142-77
NANCY E. TAYLOR

RESOLVED, that the recommendation of
the City Attorney for settlement of the claim of Nancy
E. Taylor against the City and County of San Francisco
in the sum of $21.00 as the result of a faulty tow,
be, and the same is hereby approved.

Date of Incident: October 10, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 143-77

FRANK UNG

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Frank
Ung against the City and County of San Francisco in
the sum of $22.00 as the result of a faulty tow,
be, and the same is hereby approved.

Date of Incident: August 29, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

■270-

RESOLUTION NO. 144-77

ZOLLIE BRYANT AND HIS ATTORNEYS
PISOR, VADNEY, GEORGE, MORRISON
AND BENNETT

RESOLVED, that the recommendation of r.
the City Attorney for settlement of litigation of
Zollie Bryant in the sum of $250.00 in Superior
Court Action No. 689-171 entitled "Zollie Bryant vs.
City and County of San Francisco, et al . , " as the
result of damages sustained, be, and the same is
hereby approved.

Date of Incident: July 24, 1974

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

RESOLUTION NO. 145-77

ADOLPHUS MITCHELL AND HIS ATTORNEY
BROWN AND KNOLL

RESOLVED, that the recommendation of the
City Attorney for settlement of litigation of
Eleanor Ohman and Shashi Dalai in the sum of $1,150
in Superior Court Action No. 685-208 entitled
"Eleanor Ohman, Shashi Dalai vs. City and County of
San Francisco, et al.," as the result of damages
sustained, be, and the same is hereby approved.

Date of Incident: July 5, 1974

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 147-77

DENNIS DONOVAN, THOMAS DONOVAN AND
THEIR ATTORNEY TIMOTHY REGAN

RESOLVED, that the recommendation of the
City Attornye for settlement of litigation of Dennis
Donovan and Thomas Donovan in the sum of $1,300.00
in Superior Court Action No. 676-380, entitled "Dennis
Donovan and Thomas Donovan, vs. City and County of
San Francisco, et al . , " as the result of damages
sustained, be, and the same is hereby approved.

Date of Incident: September 9, 1973

-271-

AYES: Commissioners Ciani, Gallegos, Hal]
Murphy, Siggins

RESOLUTION NO. 148-77

AUTHORIZING ATTENDANCE OF LIEUTENANT RICHARD D. KLAPP
PERSONNEL AND TRAINING, AT A TRAINING NEEDS ASSESS-
MENT WORKSHOP AT CALIFORNIA STATE UNIVERSITY, LONG
BEACH, CALIFORNIA, ON MAY 5, 1977 AND MAY 6, 1977-

RESOLVED, that the recommendation of the
Chief of Police that Lieutenant Richard D. Klapp,
Personnel and Training, be detailed to attend a
Training Needs Assessment Workshop at California
State University, Long Beach, California, on May 5,
1977 and May 6, 1977, he, and the same is hereby ap-
proved; and be it further

RESOLVED, that expenses incurred by Lieu-
tenant Richard D. Klapp in attending this workshop,
will be defrayed by the California State University
at Long Beach, California.

;'l

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

RESOLUTION NO. 149-77

AUTHORIZING ATTENDANCE OF INSPECTOR ROBERT I. STONE,
BUREAU OF INVESTIGATIONS, AT AN ARSON INVESTIGATORS'
WORKSHOP AT COLUMBIA JR. COLLEGE, SONORA, CALIFORNIA,
FROM APRIL 20, 1977 TO APRIL 23, 1977, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Inspector Robert I. Stone,
Bureau of Investigations, be detailed to attend an
Arson Investigators' Workshop at Columbia Jr. College,
Sonora, California, from April 20, 1977 to April 23,
1977, inclusive, be, and the same is hereby approved;
and be it further

RESOLVED, that expenses incurred by Inspec-
tor Robert I. Stone in a sum not to exceed $140.00
in attending this workshop, will be defrayed by the
Police Department's Police Of ficers '• Training Fund.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 150-77

AUTHORIZING ATTENDANCE OF SERGEANT WILLIAM TAYLOR,
INTERNAL AFFAIRS BUREAU, AT A POLYGRAPH EXAMINER

-272-

REFRESHER TRAINING COURSE AT FORT MCCLELLAN ALA-
BAMA, FROM APRIL 10, 1977 TO APRIL 29, 1977 \ INCLUSIVE

RESOLVED, that the recommendation of the
Chief of Police that Sergeant William Taylor, Internal
Affairs Bureau, be detailed to attend a Polygraph
Examiner Refresher Training Course at Fort McClellan,
Alabama, from April 10, 1977 to

April 29, 1977, inclusive, be, and the same is hereby
approved; and be it further

RESOLVED, that expenses incurred by Sergeant
William Taylor in a sum not to exceed $1,040.00 in
attending this course will be defrayed by the Police
Department's Police Officers' Training Fund.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 151-77

TRAVELING EXPENSE VOUCHER - APPROVED

RESOLVED, that the Traveling Expense
Voucher submitted by the following-named members
of the Police Department for expenses incurred in
attending the below-indicated program, be, and the
same is hereby approved.

Inspector Cecil M. Pharris

Captain James P. Shannon

(Conference on
$182.00 (EQUAL Employ-
ment Opportun-
(ity, Jack Tar
(Hotel, San Fran-
(cisco, Califor-
nia, on March 24,
(1977 and March
(25, 1977.

AYES: Commissioners Ciani, Gallegos, Hall
Murphy , Siggins

RESOLUTION NO. 152-77

RECOMMENDATION OF THE CHIEF OF POLICE FOR APPROVAL
OF TRAVEL EXPENSES INCURRED BY POLICE OFFICERS
VICKIE QUINN AND JAMES E. LEACH AT AN ADVANCED
HOSTAGE NEGOTIATION TRAINING COURSE AT SAN JOSE
STATE UNIVERSITY, SAN JOSE, CALIFORNIA, FROM FEB-
RUARY 18, 1977 TO FEBRUARY 20, 1977, INCLUSIVE.

WHEREAS, on the recommendation of the

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Chief of Police, Police Officers Vickie Quinn and
James E. Leach, received permission from the Police
Commission to attend an Advanced Hostage Negotiation
Training Course at San Jose State University, San
Jose, California; and

WHEREAS, Police Officers Vickie Quinn and J
James E. Leach did travel to San Jose, California,
from February 18, 1977 to February 20, 1977, inclusive;
therefore be it

RESOLVED, that expenses in the amount of "' ■ " •
$191.00 each incurred by Police Officers Vickie Quinn
and James E. Leach while attending this course will
be defrayed by the Police Department's Police Officers'
Training Fund.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 153-77

TRAVELING EXPENSE VOUCHER - APPROVED

RESOLVED, that the Traveling Expense Voucher
submitted by the following named members of the Police
Department for expenses incurred in attending the below-
indicated program; said expenses having been approved
by the Chief of Police, be, and the same are hereby
approved :

Police Officer David Suyehiro )$971 . 00 (Field Evidence

) (Technician Train-
Police Officer Michael F. Pearson ) 971.00(ing Course at

) (California State
(University, Long
(Beach, Calif-
ornia, from March
(8, 1977 to Mar-
(ch 25, 1977, in-
clusive .

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy , Siggins

RESOLUTION NO. 15^-77

AUTHORIZING ATTENDANCE OF CAPTAIN JAMES P. SHANNON,
PERSONNEL & TRAINING, AND POLICE OFFICER JEROME DE-
FILIPPO, LEGAL OFFICE, AT A CONFERENCE ON VALIDATION
OF LAW ENFORCEMENT SELECTION STANDARDS IN LOS ANGELES,
CALIFORNIA ON APRIL 13, 1977.

RESOLVED, that the recommendation of the
Chief of Police that Captain James P. Shannon, Per-
sonnel and Training, and Police Officer Jerome De-

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Filippo, Legal Office, be detailed to attend a Con-
ference on Validation of Law Enforcement Selection
Standards in Los Angeles, California, on April 13,
1977, be, and the same is hereby approved, and be
it further

RESOLVED, that expenses incurred by
Captain James P. Shannon and Police Officer Jerome
DeFilippo in a sum not to exceed $145.00 will be
defrayed by the Police Department's Police Officers'
Training Fund.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 155-77

AUTHORIZING ATTENDANCE OF POLICE OFFICERS THOMAS
ARNOLD AND STEVEN SILVERS, CRIME SPECIFIC TASK
FORCE, AT A BOMB TECHNOLOGY TRAINING COURSE AT
LIVERMORE, CALIFORNIA, FROM APRIL 21, 1977 TO APRIL
23, 1977, INCLUSIVE.

RESOLVED, that the recommendation of
the Chief of Police that Police Officers Thomas
Arnold and Steven §ilver§3 Crime Specific- Task
Force, be detailed to attend a Bomb Technology
Training Course at Livermore, California, from
April 21, 1977 to April 23, 1977, inclusive, be,
and the same is hereby approved; and be it further

RESOLVED, that expenses incurred by Polic>
Officers Thomas Arnold and Steven Silbers In a sum
not to exceed $117.60 each in attending this
course will be defrayed by the Police Department's
Police Officers' Training Fund.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

WEEKLY SICK REPORT

Chief of Police Charles R. Gain submitted a report
of members of the Department off duty due to sick-
ness and disability for the week ending Tuesday,
March 29, 1977 at 2^00 hours, as follows:

Daily average for the week sick

Daily average for the wee dis-
abled

PREVIOUS WEEK

83

"• 76

■

80

81

163 157

-27'-

This is an increase of six (6) members off duty
daily from the previous week.

Daily percentage for the week sick 3-75

Daily percentage for the week disabled 4.84

TOTALS 8.59

Disabled at start of week
Started during the week
Returned during the week
Disabled at... end (5f week
NET GAIN or LOSS

78
19
15
82
+ 4

SICK AND DISABLED FOR THE WEEK ENDING TUESDAY,
MARCH 8, 1977 AT 2400 HOURS

Daily average for the week sick

72

Daily average for the week disabled 7r9 ?

TOTAL . •- •

151 '

Daily percentage for the week sick ■" 3-53

Daily percentage for the week disabled 4.85

TOTAL 8.38

The report was ordered filed

The Commission then adjourned its meeting,

MAY 2 4 1977

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13 ATRIL 1977 J REGULAR MEETILIG

<&■

Th^^-Police Commission of the City and
County o£^S&n Francisco, met in their chambers,
Room 551, Hall of Justice, 850 Bryant Street, on
Wednesday, April 13, 1977 at 1730 hours, in regular
session .

PRESENT: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

Commissioner Siggins presiding,

REQUESTING APPROVAL TO MAKE NON-CIVIL SERVICE APPOINT-
MENTS .

Chief Gain: "Mr. President, members of the Commission,
I have just had handed to you by Sergeant Frazier a
letter over my signature requesting your approval to
make non-civil service appointments. Pursuant to Char-
ter Section 3-501, I request approval of the Police
Commission to make up to 27 non-civil service appoint-
ments of police officers, that is of Q2 ' s to Sergeant,
the appointment to be made on May 2. In furtherance
of minority affirmative action, it is my intention to
appoint 22 minority officers from a list of eligibles
for the position of Sergeant which has been promulgated
by Civil Service. Hereafter, It is my intention to
make non-civil service appointments on a one to one
quota basis from the said eligible list and I request
your approval to make those appointments based upon
the Charter Section stated."

Commissioner Murphy: "The purpose of this of course is?

Chief Gain: "There are several reasons for it, one, we
do in fact have a need for Sergeants on the street for
the purposes of supervision and secondly we have a real
need to exercise affirmative action. We are faced with
the position where we have been notified that as effect-
ive May 10, 1977, our LEAA funds that we now have will
be stopped and that will effect some $500,000 dollars in
funding and will preclude the awarding of anticipated funds
in the amount of approximately a half-million dollars
and that is a significant reason for us to exercise
Affirmative Action. I vrauld also state that I requested
and received an opinion from the City Attorney's Office
in regard to our authority to make such appointments. In
light of the cases that are now in process I have delivered
copy of the City Attorney's Opinion to the Commission
and the City Attorney states that it would not be a matter
of being In contempt of the Federal Court in making these
appointments . "

Commissioner Hall: "Mr. President, in light of the reasons
that the Chief has written and the opinion of the City
Attorney, I move for approval."

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Commissioner Siggins : "I would approve the resolution
also and we have Deputy City Attorney George Agnost here
and he can answer any questions regarding the cutoff
of the Federal Funds."

Mr. Agnost: "Mr. President, ladies and gentlemen of
the Commission, we are in receipt of Federal Funds
not only from LEAA but from various other Departments
in the Federal Government and have already received
$122,000,000 dollars. Under the Federal Statutory
Injunction all of this money is recoverable and can
be stopped in payment if we are found to have engaged-
in discriminatory employments and particularly if
we have failed to take Affirmative Action. In respect
to these temporary appointments they have to be filled
and we have not filled them to the extent however, that
we have made some Limited Tenure Appointments on a
strictly seniority basis. As to those, 22 are non-
minority, and as to the others, we should, in order to
meet the burden of proof, the obligation under the
Federal Law, we should appoint on almiriorjty^basia^'for
the first 22 and thereafter on a one to one basis for
minorities. I would have to say that if we don't take
this action we will be putting it in direct jtopardy
and we will have a cut off automatically on May 10th
of approximately 6 hundred thousand dollars of any
new funds and we will also be precluded from the CETA
allotment of approximately 7 hundred thousand dollars
which is earmarked and ready to be delivered to us.
But more than that we put into jeopardy 122 million
dollars that are all ways a claim with the U.S.
Treasury and maybe required to pay this back unless we
can show that we are not discriminating and in fact
can show Affirmative Action."

Officer Jack Ballentine representing the S.F.P.O.A.,
stated that if the Commission passes this resolution
it would be acting unilaterally and would be in vio-
lation of the 9th Circuit Court Order and interfer-
ing with a District Court Case. Mr. Agnost stated
that we (the City and Police Commission) are acting
on the basis of written communications, a written
complaint that has been filed with the Treasury Depart-
ment and with communications from LEAA telling the City
about what they are going to do. He stated that common
sense dictates that we act now and get them not to
send their letter to cut off those funds.

The Commission then passed the following Resolution:

RESOLUTION NO. 158-77

AUTHORIZING THE CHIEF OF POLICE TO MAKE UP TO TWENTY-
SEVEN (27) NON-CIVIL SERVICE APPOINTMENTS (CHARTER
SECTION 8.332) OF POLICE OFFICERS (Q2) TO THE POSITION
OF SERGEANT (Q50), SAID APPOINTMENTS TO BE EFFECTIVE
AS OF MAY 2, 1977-

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RESOLVED, that pursuant to Charter Section
3.501, the Police Commission of the City" and County
of San Francisco hereby approves the intended action
of the Chief of Police to make up to twenty-seven (27)
non-Civil Service appointments (Charter Section 8.332)
of Police Officers (Q2) to the position of Sergeant
(Q50), said appointments to be effective as of May 2.
1977.

Endorsement is further given to the follow-
ing proposed intention to make twenty-two (22) of the
twenty-seven (27) appointments of minority police of-
ficers from the tentative list of eligibles dated
February 4, 1977, and thereafter to make appointments
of one minority for one non-minority from said tenta-
tive list .

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

The members of the Commission having been
furnished copies of the minutes of the meeting of
March 9, 1977, reading of same was dispensed with
and the following statements were made:

Commissioner Ciani: "Regarding the March 9, 1977 minutes,
there was some discussion at the end of the meeting
which involved all of the Commissioners about the
preference the Commission' might nave for disposition
of the Yellow Cab permits. . I believe that the way
that the minutes originally reflected the consensus
was not consistent with what we talked about because
Commissioner Siggins' comments indicate a preference
for a single company and I think there was further :.i
discussion about the alternative of having individual
ownership or having the drivers have some stake in the
business, consistent with centralized management. I
think that was the consensus that was arrived at so I
drafted an insert to the minutes. But I wanted to be
sure that that's the recollection of the others who
were present . "

Commissioner Hall: '.'Did we just discuss the alter-
native or did we take a position? I remember when it
came up I "

Commissioner Ciani: "Well I think we did in that we
asked President Siggins to make known our views which
were along the lines that it would be most desir*able,
if possible, to attain a combination of individual
interest and centralized management.

Commissioner Murphy: "I wasn't at that particular
meeting but I think that at the later meeting we had
with the explanation from the City Attorney certainly
indicated that it was appropriate that there be some

-279-

kind of centralized management and I would be for It."

Commissioner Siggins : "I think I pointed out or meant
to point out that it didn't matter to me or the Com-
mission of whether it was one company that replaced it
or it wasn't one company as long as it was some other
company that acted in the best interest of it's men
or whether it was an organization that was made up
of individual drivers. That was fine with me. I re-
commend the minutes with those corrections for appro-
val."

The vote was then taken for approval of the minutes
of the meeting of March 9, 1977.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "I have no report tonight, Mr. President."

DISCUSSION OP RESOLUTION PREPARED FOR THE PILOT PRO-
GRAM OF THE OFFICE OF CITIZENS' COMPLAINTS.

Chief Gain stated to the Commission that he had sub-
mitted to them the third draft of the Resolution
dated April 11, 1977, a draft which he stated in the
letter of transmittal, resulting from the meeting on
Monday that he had with Mr. Schwartz, Mr. Blumberg
and Ms . Vail.

Commissioner Murphy then asked why the change of title
to Citizens Complaints Office rather than* Office of
Citizens Complaints. No' particular reason was, given.

A lengthy discussion was then held on the wording
of the Resolution wherein Commissioner Murphy sugges-
ted several amendments. Those amendments were adopt-
ed by the Commission with the Resolution being passed
in the following form:

RESOLUTION NO 198-77

RESOLUTION
Responsibility for the establishment of policy
and procedures governing citizen complaints rests
with the Police Commission. Responsibility for ad-
ministration under the Department's citizen complaint

-280-

procedures is vested in the Chief of Police.

Subject to approval in the annual appropriation
ordinance and the annual salary ordinance, the cit-
izen's Complaint Officer (CCO) shall be composed of
eight (8) civilian investigators drawing a direct
salary which is substantially equivalent to that of
a sergeant, and one (1) civilian supervisor, drawing
a direct salary which is substantially equivalent to
that of a lieutenant. The CCO shall also consist of
clerical personnel available to the Police Department
and assigned from time to time by the Chief of Police.

Having concluded that it is desirable that the
civilian investigators and supervisor (as well as
the hearing officers, referred to below) not have been a
police officer, the Commission will recommend to the
Civil Service Commission that to the extent permitted
by law, job specifications should exclude persons who
previously have been members of any police department.

The civilian investigators and civilian super-
visor shall be appointed by the Chief of Police from
lists of eligibles prepared by the Civil Service Com-
mission. The CCO investigators shall receive and in-
vestigate complaints in accordance with the Department's
procedures .

The Police Commission shall determine qualifica-
tions for hearing officers and shall by contract or :•
otherwise arrange for a panel of hearing officers, con-
sistent with budget limitations. Hearing Officers shall
serve at the pleasure of the Chief of Police and for
reasons stated above shall not previously have been
members of any police department. They shall be com-
pensated as stipulated by contract or on an hourly basis
for services performed not to exceed the maximum compen-

'81-

sation for part-time employees established by the Civil
Service Commission. Hearing Officers shall perform duties
prescribed by the Department's procedures and shall be
assigned in regular rotation as determined by the Chief of
Police .

The Internal Affairs Bureau (IAB) of the Police
Department shall also receive and investigate com-
plaints as designated by the Police Commission and
Chief of Police. The number of personnel assigned
or detailed to the IAB shall be no more than Is nec-
essary to insure that the total personnel assigned to
investigate citizen complaints is consistent with actual
workload.

The civilian supervisor of the CCO shall be account-
able directly to the Chief of Police.

Complaints may be filed-:: at the CCO, the IAB, or
at any other place or in any other manner now or hereafter
provided for by the Department. At the time of filing
a complaint at the IAB or CCO, the complainant shall
be informed that the IAB is staffed with police officers
and the CCO, with civilian personnel. The complainant
may then elect to file the complaint with either unit.

If a complainant prefers to file a complaint with
or have it investigated by, the IAB or the CCO, the
stated preference shall be followed. If the workload
capacity of either unit becomes inordinately high be-
cause of this process, the Chief of Police shall be
informed so that appropriate corrective action can be
taken, such as increasing the number of personnel in
the affected unit or assigning complaints on an alter-
nating basis to the other unit unless the complainant
wishes to wait for the unit of his choice.

If the complainant does not state a preference as
to unit, or the workload capacity of either unit is

-282-

found to be inordinately high, the -complainant's state-
ment shall be. taken by the unit initially contacted.
And if the complainant agrees such complaints shall be
assigned for investigation and handled by that unit-which is
not overloaded in sequential order of filing, as com-
plaints which are related to the same incident shall
be assigned to the same unit, after the first complaint
is assigned.

Both the CCO staff and IAB staff shall apply the
same citizen complaint procedures.

It is the Commission's intention that the civilian
investigators be housed in separate offices form the
IAB Investigators. It is the Commission's further in-
tention that IAB personnel cooperate . with and assist
civilian personnel through orientation and on-the-job
training and that during the course of the pilot program
necessary adjustments be made in order to avoid admini-
strative or personnel problems between the two offices.

The performance of the CCO and IAB will be evalua-
ted. At a minimum the evaluation will cover (1) efficacy
of civilian investigators as compared to sworn personnel
and (2) the effect, if measurable, of the CCO on the
public's willingness to file complaints, to cooperate
during the course of the investigation of complaints and
to accept the outcome of complaints. The Commission may
specify such other areas of evaluation as it shall deem
necessary and may call upon consultants to assist in
gathering data and information for submission to the Police
Commission.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

POLICE COMMISSION DISCUSSION RE: MR. DAVID GILMARTIN'S
REQUEST FOR FIFTEEN SIGHTSEEING PERMITS.

Mr. Gary Greenfield, Attorney representing Mr. Gilmartin,
presented several documents to the Commission regarding
Mr. Gilmartin 's qualifications. Mr. Gilmartin had pre-
viously gone to the Board of Permit Appeals because his

-283-

application for seasonal permits had been turned down by
this Commission. There was also a misunderstanding as
to the type of permits filed for when he appeared before
the Board of Permit Appeal, for at that time it was wri-
tten and stated in his application that he was filing for
regular non-seasonal Sightseeing Permits. In view of
these circumstances the matter was then remanded back
to the Police Commission for further discussion.

©ommissioner Siggins stated that in the past it has
been the practice of other Commissions to tell people
who were applicants for Public Convenience and Necessity
that hearings weren'tbeing considered at the present time
and the people would go away and wait until the Commission
decided to hold hearings. But, he said, the Board of
Permit Appeals read Section 1077 of the MPC differently
as to the requirements of the Commission, and, he stated,
he and Commissioner Ciani were also of the same opinion
that when a person files for a permit that comes within
the framework of a particular statute, the Commission
must hold hearings.

Mr. Greenfiled stated that because of the notification
of three days in the newspaper, the earliest a Hearing
could be held would be next Tuesday or Wednesday. He
stated that that would certainly be suitable for Mr.
Gilmartin. Commissioner Ciani stated that the only
question that she would have about the timing Is that
the Commission does not know how long these Hearings
will go and that the Commission really needs. some time
to do some preparation and study of what alternatives
that are available. She stated that the Commission
had indicated in the past that it decided to look at
the broad spectrum of permits and that his could be
the time to do that. She further stated that rather
than rush into it next week, she would prefer to try
to have a week or two to try to get all of the Commis-
sioners familiarized with the relevant information.
Mr. Greenfield stated that he understood the Commis-
sion's concern but that Mr. Gilmartin had been trying
for four months to get a hearing and that it has been
continually delayed for one reason or another. Com-
missioner Murphy then asked if there would be any
possibility of him giving the Commission a capsulization
of what is happening and where to go to refer to the
pertinent memoranda?

Mr. Greenfield stated that they would be able to pro-
vide that information to the Commission tomorrow.

The Commission then decided that the 27th of April
would be the most appropriate. time to hold a Hearing
on the matter.

RESOLUTION NO. 181-77

POLICE OFFICER GEORGE MO I SS ANT, TARAVAL POLICE STATION

WHEREAS, on Wednesday, April 13, 1977, Donald
L. Taylor, Captain of Police, Commanding Officer of
Taraval Police Station, made and served charges against

• 284-

Police Officer Geroge Moissant, reading as follows:

SPECIFICATION NO. 1

Violation of Section 2.13 of the
Rules and Procedures of the San
Francisco Police Department.

SPECIFICATION NO. 2

Leaving his residence while on disability
leave. (Violation of Section 5.57 of the
Rules and Procedures1 of the San Francisco
Police Department.)

SPECIFICATION NO. 3.

Violation of Section 2.13 of the
Rules and Procedures of the San
Francisco Police Department.

WHEREAS, the Police Commission set Wednesday,
February 23, 1977, as the date for the hearing on char-
ges filed against Police Officer George Moissant, which
was thereafter continued for an indefinite period; and

WHEREAS, Chief of Police Charles R. Gain
announced that that the Police Department was in re-
ceipt of the resignation of Police Officer George
Moissant from the San Francisco Police Department,
said resignation was effective March 26, 1977, which re-
signation was accepted with the condition that the
services of Police Officer George Moissant have been
unsatisfactory and that he does not resign in good
standing; therefore be it

RESOLVED, that the charges of violating
the Rules and Procedures of t- the San Francisco Police
Department filed against Police Officer George Moissant,
be, and the same are hereby continued off calendar.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RECOMMENDATION OS THE AWARDS COMMITTEE - CONTINUED
TO APRIL 20, 1977-

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

REQUESTING APPROVAL OF A SUPPLEMENTAL APPROPRIATION
IN THE AMOUNT OF $84,960.00 TO PROVIDE FOR VARIOUS
TYPES OF EQUIPMENT NECESSARY FOR THE CONTINUOUS OP-
ERATION OF THE DEPARTMENT'S BOMB INSPECTION AND DIS-
POSAL PROGRAM.

Chief Gain then brought up a matter not calendared

■285-

He stated that a Mr. Harold Jenkins was in the aud-
ience representing the Geneva Terrace Community and
wanted to know if the Police Commission was going to
discuss getting para-professionals out to their
Community to assist in eliminating the high theft
rate that is seemingly on the increasein that parti-
cular area.

Commissioner Siggins stated to Mr. Jenkins that he
was sorry that the matter was not discussed. The
Commissioner continued by saying that he and Commiss-
ioner Ciani had made a tour with the group out there,
of Geneva Terrace, and that a Mr. Mark Amos had asked
them if they could get police help in the form of
para-professionals. He further stated that Lieute-
nant Jordan was going to submit a report of the Com-
missioners visit out there, present it to the Chief
and with that report they would go to the Mayor's
Office and have a discussion highlighting the problems
the people are having out there. He stated that they
would try to get that meeting with the Mayor within
three weeks.

RECOMMENDATIONS OP THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendations of the

Traffic Bureau on the installation of zoning for the

regulation of traffic on the public streets, be, and
the same are hereby approved:

4^7 IVY STREET - S.F.P.D. ■

a) At H^J Ivy Street, revoke existing
36' yellow zone - west of east pro-
perty line.

2095 JERROLD AVENUE - CITY OF SAN FRANCISCO MARKET

CORP.

a) At 2095 Jerrold Avenue, yellow zone time
limit to be extended from 12 Midnight
10 A.M. - along loading dock at the 4
main buildings - (all loading docks now
are yellow zones).

1201 MARIPOSA STREET - DELUCCHI'S

a) At 1201 Mariposa Street, install a 22'
green zone, to extend west of east pro-
perty line.

12 98 POTRERO AVENUE - EMERGENCY ROOM

a) At 1298 Potrero Avenue, install a 22'

green sone, to extend west of east pro-
perty line.

-286-

450 TAYLOR STREET - CLIFT HOTEL

a) At 450 Taylor Street, install a 44' white
zone, to extend from 55' - 99' south
of north property line- (44' of existing
yellow zone to be revoked, if approved.)

650 GEARY STREET - ALCAZAR THEATER

a) At 650 Geary Street, install a 27'
white zone, to extend from 36' - 63'
west of east property line - (if approved
to replace yellow zone, no longer needed.)

563 SUTTER STREET - BLACKWELL ANTIQUES

a) At 563 Sutter Street, revoke Special

Truck Loading Zone - Meters 527 & 521. -(44')

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

REVOKED

RESOLVED, that the recommendation of the
Traffic Bureau on the revocation of 124 feet of
yellow zones at various parts of the City of the
locations submitted, be, and the same are hereby
approved .

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 157-77

HOWARD BELINSKY

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Howard
Belinsky against the City and County of San Francisco
in the sum of $20.00 as the result of a faulty tow, be,
and the same is hereby approved.

Date of Incident: November 26, 1976

AYES:- Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

-287-
RESOLUTIQN HO. 176-77

MRS. BOBBIE J. CHAFFIN

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Mrs.
Bobbie J. Chaffin against the City and County of
San Francisco in the sum of $^0.00 as the result
of a faulty tow, be, and the same is hereby approved.

Date of Incident: November 2, 197~6

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 159-77

Mrs. M. GLORIA

RESOLVED, that the recommendation of the City
Attorney for settlement of the claim of Mrs. M. Gloria
against the City and County of San Francisco in the
sum of $12.50 as the result of a faulty tow, be, and
the same is hereby approved.

Date of Incident: December 5, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 160-77

HANS K. JENSEN

RESOLVED, that the recommendation of the City
Attorney for settlement of the claim of Hans K. Jensen
against the City and County of San Francisco in the sum
of $22.00 as the result of a faulty tow, be, and the
same is hereby approved.

Date of Incident: October 10, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 161-77

THOMAS JOYCE

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Thomas

-288-

Joyce against the City and County of San Francisco
in the sum of $22.00 as the result of a faulty tow,
be, and the same is hereby approved.

Date of Incident: August 26, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 162-77

LELAND LEE

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Leland
Lee against the City and County of San Francisco in
the sum of $21.00 as the result of a faulty tow, be
and the same is hereby approved.

Date of Incident:. October 10, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 163-77

PHILIP MAKLER

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Philip
Makler against tha City and County of San Francisco
in the sum of $22.00 as the result of a faulty tow,
be, and the same is hereby approved.

Date of Incident: September 3, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 164-77

ROBERT ALAN SCHOR

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Robert
Alan Schor against the City and County of San Fran-
cisco in the sum of $21.00 as the result of a faulty
tow, be, and the same is hereby approved.

Date of Incident: November 8, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

-289

RESOLUTION NO. 165-77
LINDA M. THOMAS

RESOLVED , that the recommendation of the
City Attorney for settlement of the claim of Linda
M. Thomas against the City and County of San Fran-
cisco in the sum of $21.00 as the result of a faulty
tow, be, and the same is hereby approved.

Date of Incident: October 21, 1976

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

RESOLUTION NO. 166-77

JUNICHI WATARI

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Junichi
Watari against the City and County of San Francisco
in the sum of $24.00 as the result of a faulty tow,
be, and the same Is hereby approved.

Date of Incident: October 28, 1976

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

RESOLUTION NO. 167-77

SUSIE MAUCH

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Susie
Mauch against the City and County of San Francisco in
the sum of $58.96 as the result of damages sustained,
be, and the same is hereby approved.

Date of Incident: November 15, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 168-77

R.B.AUKER

RESOLVED, that the recommendation of the City
Attorney for settlement of the claim of R.B. Auker

-29 a-

against the City and County of San Francisco in the
sum of $72.73 as the result of a collision with a
police vehicle, be, and the same is hereby approved

Date of Accident: December 29, 1976

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

RESOLUTION NO. 169-77

ELMER W. MCCORMICK

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Elmer
W. McCormick against the City and County of San Fran-
cisco in the sum of $125-39 as the result of a colli-
sion with a police vehicle, be, and the same is here-
by approved.

Date of Accident: September 27, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 170-77

HELEN M. NAPOLEON

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Helen
M. Napoleon against the City and County of San Fran-
cisco in the sum of $217.20 as the result of a colli-
sion with a police vehicle, be, and the same is here-
by approved.

Date of Accident: December 27, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 171-77

DOUGLAS SCHMUCKER

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Douglas
Schmucker against the City and County of San Fran-
cisco in the sum of $127-78 as the result of a colli-
sion with a police vehicle, be, and the same is hereby
approved.

Date of Accident: October 31, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

-291-

RESOLUTION NO. 172-77
TANO WARLITO

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Tano
Warlito against the City and County of San Francisco
in the sum of $270.82 as the result of a collision
with a police vehicle, be, and the same is hereby
approved.

Date of Accident: December 2, 197'6

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 173-77

MRS. EVELYN HASKETT

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Mrs.
Evelyn Haskett against the City and County of San
Francisco in the sum of $557.27 as the result of.
damages sustained, be, and the same is hereby
approved.

Date of Incident: November 9, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTIONS NO. 17^-77

ZACKARY HORTON AND MICHAEL DAVIS
AND THEIR ATTORNEYS FRIEDMAN & SLOAN

RESOLVED , that the recommendation of the
City Attorney for settlement of litigation of Zackary
Horton and Michael Davis in the sum of $1,750.00 in
Superior Court Action No. 672-567 entitled "Zackary
Horton and Michael Davis et al., vs. City and County
of San Francisco, "as the result of damages sustained,
be, and the same is hereby approved.

Date of Incident: September 13, 1973

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 175-77

CHARLES WONG

-292-

RESQLVED , that the recommendation of the
City Attorney for settlement of unlitigated claim of
Charles Wong against the City and County of San Fran-
cisco in the sum of $5,000.00 as the result of a col-
listion with a police , be, and the same is hereby,
approved.

Date of Accident: September 29, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 177-77
POLICE NARCOTIC FUND

RESOLVED, that the Controller be, and he is
hereby requested to draw a voucher in favor of Chief
Of Police Charles R. Gain, in the amount of $4,000
Charging same to Appropriation No. 6 . l6l . 890 . 050 as an
advance on the Police Narcotic Fund for the month of
April, 1977.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 178-77
POLICE CONTINGENT FUND

RESOLVED, that the Controller be, and he is
hereby requested to draw a voucher in favor of Chief
of Police Charles R. Gain in the amount of $3,000
charging same to Appropriation No. 6 . l6l . 890 . 000 as an
advance on the Police Contingent Fund for the month of
April, 1977.

RESOLUTION NO. 179-77

AUTHORIZING ATTENDANCE OF CLEMENT DEAMICIS, DEPUTY
CHIEF OF INVESTIGATIONS, AGUSTIUS BRUNEMAN, SUPER-
VISING CAPTAIN OF PATROL, JAMES SHANNON, CAPTAIN OF
PERSONNEL AND TRAINING, THOMAS PREVEZICH, CAPTAIN,
CRIMESPECIFIC TASK FORCE, AT AN EXECUTIVE DEVELOP-
MENT COURSE AT GOLDEN GATE UNIVERSITY, TIBURON, CAL-
IFORNIA, ON MAY 1, 1977 TO MAY 13, 1977, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Clement DeAmicis, Deputy Chief
of Investigations, Agustius Bruneman, Supervising
Captain of Patrol, James Shannon, Captain of Person-
nel and Training, Thomas Prevezich, Captain, Crime
Specific Task Force, be detailed to attend an Execu-
tive Development Course at Golden Gate University,
Tiburon, California, from May 1, 1977 to May 13, 1977,
inclusive, be, and the same is hereby approved; and
be it further

-293-

RESOLVED, that expenses incurred by Clement
DeAmicis, Deputy Chief of Investigations, Agustlus
Bruneman, Supervising Captain of Patrol, James Shannon,
Captain of Personnel and Training, Thomas Prevezich,
Captain of^Crime Specific Task Force, in a sum not to
exceed $356.00 each will be defrayed by the Police
Department's Police Officers' Training Fund.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 180-77

ATHORIZING ATTENDANCE OF POLICE OFFICERS JOHN F.
DEVINE, SPECIAL ASSISTANT TO THE CHIEF OF POLICE AND
FRANK RACKLEY, PERSONNEL AND TRAINING, AT A STRESS
WORKSHOP - ALCOHOLISM IN LAW ENFORCEMENT, AT WATSON-
VI^LE, CALIFORNIA, ON MAY 2, 1977 TO MAY 4, 1977,
INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Police Officers John J. Devine ,
Special Assistant to the Chief of Police and Frank
Rackley, Personnel and Training, be detailed to
attend a Stress Workshop - Alcholism in Law Enforce-
ment, at Watsonville, California, on May 2, 1977 .and
May 4, 1977, inclusive, be, and the same is hereby
approved; and be it further

RESOLVED, that expenses incurred by Police
Officers John F. Devine and Frank Rackley will be
defrayed by the National Conference of Christians
and Jews .

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

RESOLUTION NO. 184-77

REQUEST FOR SUPPLEMENTAL APPROPRIATION

RESOLVED, that the Controller, be, and
he is hereby requested to draw a Supplemental Appro-
priation In the amount of , $84 ,960 . 00 from the follow-
ing appropriation number. in the amount shown:

Appropriation No. 6 . l6l . 110 . 000 . 000

Permanent Salaries - Uniform Force $84,960.00

and credit it to the following appropriation in the
amount indicated:

Appropriation No. 6 . l6l . 900 . 962 . 000

Bomb Inspection &. Disposal Program $84,960.00

-294-

to provide for various types of equipment for the
continuous operation of the department ' s 'Bomb Inspection
and Disposal Program.

AYRS : Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

WEEKLY SICK REPORT

Chief of Police Charles R. Gain submitted a
report of members of the Department off duty due to
sickness and disability for the week ending Tuesday,
April 5, 1977 at 2400 hours:

PREVIOUS WEEK

Daily average for the week sick 88 83

Daily average for the week dis-
abled 88 8_0

TOTALS 176 163

This is an increase of 13 members off duty from the
previous week.

Daily percentage for the week sick 4.03
Daily percentage for the week disabled 5.33

TOTAL 9.36

Disabled at start of week 8l

Started during the week 20

Returned during the week 13

Disabled at end of week 87

NET GAIN OR LOSS +7

SICK AND DISABLED FOR WEEK ENDING SATURDAY, APRIL 3,
1976, AT 2400 HOURS

Daily average for the week sick 50

Daily average for the week disabled 127

TOTAL 177

Daily percentage for the week sick 2.72

Daily percentage for the week disabled 7 • 19

TOTAL 9.91

SICK AND DISABLED FOR WEEK ENDING TUESDAY, MARCH 15,
1977 AT 2400 HOURS

-295-

Daily average for the week sick
Daily average for the week disabled

TOTAL
Daily percentage for the week sick
Daily, percentage for the week disabled

TOTAL

80
82 .
162
3.69
4.89
8.77

The report was ordered filed.

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

The Commission/ then adjourned its meeting

."'

9 b-

OGCUMENTS.

20 APRIL 1977

'-hL^uuJLu

^1 J 1 IS,

REGULAR MEETING sAN francisco

' PUBLIC LIBRARY

Th^?Police Commission of the City and County
of>S-an Francisco, met in their chambers, Room 551,
Kali! of Z\ rfcice^ 850 Bryant Street, on Wednesday, April
20, 1977 at 1730 hours in regular session.

PRESENT: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

Commissioner Siggins presiding

The members of the Commission, having been
furnished copies of the minutes of the meetings of
March 16, 1977 and March 23, 1977, reading of same
was dispensed with and the minutes were approved.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain stated to the Commission that he was
reporting tonight on the result of the Budget as
to what items were disapproved at the Mayor's Of-,
fice level. He then had Lieutenant Michael Lennon
of the Planning and Research Bureau give an over-
view of the Budget cuts administered by the Mayor's
Office Budget Staff. Lieutenant Lennon stated that
the Budget as submitted by the Police Department was
in the amount of $83 million four. He said that the
budget that was approved by the Mayor's Office is in
the amount of $77 million six as opposed to the De-
partment's $83 million four. In relating to some of
the significant cuts or items deleted, he stated that
the Department requested 130 new uniformed personnel
and those were denied, but they did approve 37 civ-
ilians in their place. He stated that in extra duty
uniformed force account which is the overtime, the
police- department for the current year has $755,000,
the Mayor's Office approved $750,000. As a side note
to that he stated, six years ago the police department
had over a million dollars in the overtime account and
in that six (6) years the overtime account has now
been decreased by 25% while the salaries have increased
by 35%. He stated that in the line item for school
crossing guards the Department had requested $27^,000
dollars this year and the Mayor's Office approved $l8Q,
000 and this will require a reduction of approximately
l/3rd of the activities of the School Crossing Guards.
He continued by saying that a similar situation is re-
flected in the line item for Police Cadets which means
numbers in personnel must be cut in half from 37 to 18.
Other cuts mentioned were in the uniforms account, and
communications dispatchers. He also stated that all

-297-

capital Improvement items were zeroed. This included
the Crime and Photo-labs. He stated that the budget is
now scheduled to go to the Finance Committee of' the
Board of Supervisors for a Public Hearing. He con-
tinued by saying that the Police Department's Hearing
is this Friday night at 7 p.m. Chief Gain stated that
in regard to the Capital Improvement items that were
deleted the Finance Committee can restore those but
that was the only thing they would be able to restore.
He said the Department, come Friday night, would be
requesting the Finance Committee to restore all of
those items that were deleted. Commissioner Ciani stated
that she would like to go on record as objecting to
this treatment of the Department's budget and stated
that she would like to suggest that the Commission send
a letter to the Mayor so stating. She said that the
Department went throught the same process last year
and suffered for the remainder of that fiscal year
being unable to perform the services that the public
was demanding because the Department didn't have an
adequate budget. She suggested that the Commission
go on record as having done it's best and having
objected to these additional unexplained cuts. She
continued by saying that she objected to the fact that
there was no effort to justify the cuts in terms of
priorities so that the Commission could understand
the necessity for them. She said that she assumes that
they were necessary but wonders what other services
might be sacrificed that are of a lower priority than police
services .

Commissioner Gallegos stated that he could understand
some of the cuts but when it came to cutting into the
efficiency of the Department by cutting out funds for
the Crime and Photo Labs and the Communications System
you are talking about the ability of Police Officers
to do their job properly on behalf of the public. He
stated that he didn't think the public would complain
about paying for those things that are necessary for
the preservation of life and safety.

Commissioner Siggins stated that he was satisfied that
the Commission had presented abarebones budget to the
Mayor. He further stated that he wanted to compliment
the Chief, Chief Mullen and Lieutenant Lennon for
fighting for that budget in the Mayor's Office and ex-
plaining and having the answers for every item that
they asked about .

Commissioner Ciani stated that she would draft a letter
and if any other Commissioner wltshed to share their
feelings in it or sign it, she would circulate it to
them.

The Chief then stated to the Commissioners that in
the second part of his report that the Department had
submitted a request for a Supplementary Appropriation
request for some $260,000 dollars to continue the oper-
ation of the Department's Street Crime Unit until 1
July. He stated that it was approved by the Mayor's Office
and Lieutenant Lennon in following it up found that
the money was needed right away or else discontinue
the SCU and make some other arrangements. He stated
that the Controller would not authorize the use of the
Departments Salary savings money to fund the continued
overtime that is required to continue the Department's
Street Crime Unit. He continued by saying that as of
today the Department no longer has overtime funds to

-298-

pay the overtime district station officers to work
overtime to maintain the Department's 50 odd man
Street Crime Unit. He stated that he to

pursue that matter, and that the Controller has
stated that the salary savings that he wanted to
have re-appropriated to fund this unit is not money
belonging to the General Fund and they would allow
the Department to submit its' supplemental but they
would have to take its' place with all other
Supplemental submitted by other Departments of the
City. Further discussion was held after which time
the Chief ended his report .

RESOLUTION NO. 190-77

HEARING OF MR. KUNG-KAY CHIU RE DENIAL OF HIS APPLI-
CATION TO BECOME A PATROL SPECIAL OFFICER - APPROVED

WHEREAS, Mr. Kung-Kay Chiu was denied
certification to become a Patrol Special Officer
by Dr. Norman H. Steiner, Police Surgeon, on Jan-
uary 28, 1977; and

WHEREAS, his attorney, Mr. L. Thomas Hehir,
Jr., submitted a letter to the Police Commission re- .
questing that the matter be calendared for a hearing;
and

WHEREAS, on April 6, 1977, the Police
Commission held a hearing in regard to Mr. Chiu's
qualifications to become a Patrol Special Officer,
and at said hearing Dr. Norman H. Steiner, Police
Surgeon, stated that even though Mr. Chiu's contact
lenses raises his eyesight to. accepted acuity, his
concern has been that a Patrol Special Officer with
a gun would not be capable of using it without his
glasses, and would therefore, himself be a hazard;
and

WHEREAS, the Police Commission requested
Dr. Steiner to seek other medical opinions as to the
use of the type of contact lenses used by Mr. Chiu.
The matter was continued until April 20, 1977; and

WHEREAS, on April 20, 1977, Dr. Steiner
presented verbal information from medical eye doctors
indicating that Mr. Chiu would be able to carry out
the duties of a Patrol Special Officer; therefore be
it

RESOLVED, that the application of Mr. Kung-
Kay Chiu to become a Patrol Special Officer for the
City and County of San Francisco, be, and the same is
hereby approved provided that Mr. Chiu's acuity and
contact lenses, as recommended by Dr. Steiner, be

-299-

checked at six (6) month intervals

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 189-77

FINDING AND DECISION OF POLICE COMMISSION IN THE
HEARING OF APPLICATION FOR CERTIFICATE OF PUBLIC CON-
VENIENCE AND NECESSITY FOR ISSUANCE OF TAXICAB PER-
MITS (36) - DENIED.

WHEREAS, Mr. J. William Roberts has applied
to the Police Commission for Certificate of Public
Convenience and Necessity for the issuance of taxicab
permits ( 36 ) , and

WHEREAS, this matter came on for hearing
before the Police Commission of the City and County
of San Francisco on Wednesday, April 20, 1977; and

WHEREAS3 Commissioner Siggins inquired if
there was any opposition in the granting of thirty-
six (36) taxicab permits to Mr. J. William Roberts,
and to which the answer was "yes" and

WHEREAS, the law requires that in order to
determine that Public Convenience and Necessity exists
the Police Commission must find, among other things,
the following:

a) The applicant is financially responsible.

b) That the persons, firms, or corporations
holding permits or licenses for the operation
of motor vehicles for hire are under effic-
ient management earning a fair and reason-
able return on their capital devoted to such
service .

c) That persons, firms, or corporations pre-
sently holding permits or licenses for

the operation of vehicles for hire are, under
normal conditions, inadequately serving the
public; and

WHEREAS, Commissioner Siggins stated that
at the present time persons, firms, and corporations
holding permits or licenses for the operation of motor
vehicles for hire are adequately serving the public;
therefore be it

RESOLVED, that the Police Commission has looked
into the matter for several weeks, and it has been estab-
lished by clear and convincing evidence, and beyond a
reasonable doubt, that public convenience and necessity
does not require the operation of thirty-six (36) addi-
tional taxicab permits; therefore be it

-300-

RESOLVED, that the request of Mr. J. William
Roberts for thirty-six (36) taxicab permits, be, and
the same is hereby denied.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 186-77

RULES AND PROCEDURES OF THE SAN FRANCISCO POLICE
DEPARTMENT - AMENDED

RESOLVED , that effective at 0001 hours,
Thursday, April 21, 1977, the following amendment
to the Rules and Procedures of the San Francisco
Police Department, be, and the same:. is hereby ap-
proved :

RULE 1.0 7 ORDER OF RANK

CHIEF

DEPUTY CHIEF

COMMANDER

CAPTAIN

LIEUTENANT

SERGEANT

POLICE OFFICER - POLICEWOMAN

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

RECOMMENDATIONS OF THE AWARDS COMMITTEE

Commissioner Ciani: "As usual it was very exciting
to listen to.sorae of the rather remarkable instances
of bravery presented befo're the Awards Committee, in
particular one of the gold medal recipients unanimous
vote which I believe was the only unanimous Gold Medal
in the memory of those present. That was Officer
Thomas Perdue who while off duty performed very hero-
ically in saving a fellow officer, also off duty, who
was in an auto accident. I don't know if you have seen
the photographs but his automobile was disabled on the
highway, struck by another and completely incinerated.
He sustained third degree burns affecting almost his
entire body and Officer Perdue at great risk to him-
self removed him from the vehicle while it was in
flames. It was quite exciting to hear about it and
to see the photographs. I would recommend that we
approve all of these awards and I would also like to
recommend that we upgrade two of them, Officers Arsanis
and Wohler, who missed receiving a Gold Medal by one
vote and Officer's Stansbury and Knighton who missed
a Silver Medal by two votes.

RESOLUTION NO. .188-77

RECOMMENDATIONS OF THE AWARDS COMMITTEE - APPROVED

■301-

RESOLVED, that the following-named members of
trie Police Department, be, and they are hereby granted
Awards of Valor- Gold Medal, Silver Medal, Bronze Medal
under the provisions of Section 5.119 of the Rules and
Procedures of the San Francisco Police Department
approved by the Awards Committee on Wednesday, April
13, 1977:

*Police Officer Joseph Arsanis Geld Medal of Valor

Police Officer Thomas Perdue Gold Medal of Valor

^Police Officer William H. Wohler Gold Medal of Valor

Police Officer Brian M. D'Arcy Silver Medal of Valor

•Police Officer Thomas M. Heffernan Silver Medal of Valor

**Police Officer Robert C. Knighton Silver Medal of. Valor

Police Officer Frank A. Machi Silver Medal of Valor

Police Officer Jeremiah W. Morgan Silver Medal of Valor

Police Officer Michael V., Rolovich Silver Medal of Valor

**Police Officer Ronald E. Stansbury Silver Medal of Valor

Police Officer Richard H. VanWinkle Silver Medal of Valor

Sergeant Edward R . Fowlie Bronze Medal of Valor

Police Officer Patricia 0. Beauchamp Bronze Medal of Valor

Police Officer David D. Brown Bronze Medal of Valor

Police Officer Charles R. Brewster ,111 ... Bronze Medal of Valor

Police Officer Michael W. Conway Bronze Medal of Valor

Police Officer Alex E. Fagan Bronze Medal of Valor

Police Officer John J. Grizzel Bronze Medal of Valor

Police Officer Richard D. Holder Bronze Medal of Valor

Police Officer Michael J. Morello Bronze Medal of Valor

Police Officer Robert C. Mulry Bronze Medal of Valor

Police Officer James M. Petrie Bronze Medal of Valor

Police Officer Robert J. Puts Bronze Medal of Valor

Police Officer Reno L. Rapagnani Bronze Medal of Valor

Police Officer Martin T. Sacco Bronze Medal of Valor

Police Officer Andrew E. Stoeppelwerth ... Bronze Medal of Valor

Police Officer Gregory W. Winters Bronze Medal. of Valor

* Changes from Silver Medal of Valor to Gold Medal of
Valor on recommendation of the Police Commission.

** Changes from Bronze Medal of Valor to Silver Medal of
Valor on recommendation of the Police Commission.

■302-

Commissioners Ciani, Gallegos, Hal]
Murphy, Siggins

>

\

RESOLUTION NO. 187-77

REWARDS GRANTED TO MEMBERS OF THE POLICE DEPARTMENT

WHEREAS, the following-named members of the
Police Department have been commended for courageous
Service under the provisions of Section 5.119 of the
Rules and Procedures of the San Francisco Police De-
partment at a meeting of the Police Commission held on-
Wednesday, April 13, 1977; and

WHEREAS, Chief of Police Charles R. Gain
has recommended to the Police Commission that the
said members be rewarded under the provisions of Sec-
tion 8.405(a) of the Charter of the City and County
of San Francisco; therefore be it

RESOLVED, that Police Officers Joseph Arsanis,
Thomas E. Perdue, and William H. Wohler, be, and they
are hereby awarded Gold Medals of Valor and granted a
reward of $200.00 each as provided for under said sec-
tion of the Charter; and be it further

RESOLVED, that Police Officers Brian M. D'Arcy,
Thomas M. Heffernan, Robert C. Knighton, Frank A. Machi,
Jeremiah W. Morgan, Michael V. Rolovich, Ronald E. Stans-
bury, and Richard H. VanWinkle, be, and they are hereby
awarded Silver Medals Of valor and granted a reward of
$100.00 each as provided for under said section of the
Charter; and be it further

RESOLVED, that Sergeant Edward R. Fowlie,
Police Officers Patricia 0. Beauchamp, David D. Brown,
Charles R. Brewster, III, Michael W. Conway, Alex E. Fagan,
John J. Grizzel, Richard D. Holder, Michael J. MOrello,
Robert C. Mulry, James M. Petrie, Robert J. Puts, Reno
L. Rapagnani, Martin T. Sacco, Andrew E. Stoeppelwerth, and
Gregory W. Winters, be, and they are hereby awarded
Bronze Medals of Valor and granted a reward of $50.00
each as provided for under said section of the Charter.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendations of the
Traffic Bureau on the installation of zoning for the
regulation of traffic on the public streets, be, and
the same are hereby approved.

3^31 TAR AVAL STREET - BERGER LAUNDROMAT

a) At 3431 Taraval Street, Install a 22'

303-

green zone, to extend east of west
property line.

3530 TARAVAL STREET - AMITY STORE

a) At 3530 Taraval Street, revoke existing
24' yellow zone, and install 24' green
zone, to extend from 3' - 27' east of
44th Avenue.

2700 GOUGH STREET - THE CHAIR PLACE

a) At 2700 Gough Street, rovoke existing
19' yellow zone, - 62' north of
Union. )

TEA GARDEN DRIVE - GOLDEN GATE PARK

a) From east side of Tea Garden Drive-
a 66' Blue Zone, to extend east
(for 66' ) .

3500 GEARY BOULEVARD - PARK WALKER CORPORATION

a) At 3500 Geary Boulevard - install a 22'
yellow zone, to extend from 13' - 35'
west .

400 PIOCHE STREET - E. THOMAS BOARD & CARE

a) At 400 Pioche Street, install a 22' white
zone, to extend west from east property
line .

409 - 19th AVENUE - BELL SAVINGS & LOAN

a) At 401 - 19th Avenue, revoke existing
27' yellow zone - (48' - 75' south of
Geary ) .

198 PERRY STREET - SAN FRANCISCO COMMUNITY COLLEGE

a) At 198 Perry Street^, (under Freeway) -
revoke 2 existing yellow zones—
(57', 13' - 70' east of 4th Street.,
and 36', 100' - 136' east of 4th Street.)

290 TOWNSEND STREET - ELECTRICAL APPLIANCES

a) At 290 Townsend Street, install a 66'
green zone, to extend from 34' - 100'
west of east property line.

AUTHORIZING ATTENDANCE OF POLICE OFFICERS MICHAEL
AMBROSE PARK POLICE STATION, KIRK BROOKBUSH, TARAVj
POLICE STATION, AND ALEX FAGAN, SOUTHERN ,ICE ST,
TION, AT A FIELD EVIDENCE TECHNICIAN TRAINING COURi
AT CALIFORNIA STATE UNIVERSITY, LONG BEACH, CALIF-
ORNIA, FROM MAY 10, 1977 TO MAY 27, 1977, INCLU S IVE .

RESOLVED, that the recommendation of the
Chief of Police that Police Officers Michael Ambrose
Kirk Brookbush, and Alex Fagan, be detailed to at-
tend a Field Evidence Technician Training Course at
California, State University, Long Beach, California
from May 10, 1977 to May 27, 1977, Inclusive, be, .
and the same is hereby approved; and be it further

RESOLVED, that expenses incurred by Police
Officers Michael Ambrose, Kirk Brookbush, and Alex
Fagan, in a sum not to exceed $978.40 each will be
defrayed by the Police Department's Police Officers'
Training Fund.

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

RESOLUTION NO:. '185-77

TRAVELING EXPENSE VOUCHERS

APPROVED

RESOLVED, that the Traveling Expense Vouchers
submitted by the following-named members of the Police
Department for expenses incurred in attending the below
indicated program, be, and the same are hereby approved:

Lieutenant William D. Rivas

Lieutenant John E. Guenley

Lieutenant Edward H. Hartman

Lieutenant Richard J. Shippy

(Middle Management
(Course at Humboldt
(State University,
$800. 50(Kelseyville, Calif-
each (ornia, from March
(27, 1977 to April
(8, 1977, inclusive.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

WEEKLY SICK REPORT

Chief of Police Charles R. Gain submitted

a report of members of the Department off duty due

to sickness and disability for the week ending Tuesday,
April 12, 1977 as follows:

PREVIOUS WEEK

Daily average for the week sick

95

Daily average for the week dis- 88

abled
TOTALS 183

88
88

IV"

-306-

Th is is an increase of seven (7) members off duty

daily from the previous week.

Daily percentage for the week sick 4.57
Daily percentage for the week disabled 5-33

TOTAL 9.90

Disabled at start of week
Started during the week
Returned during the week
Disabled at end of week
Net Gain or Loss

89
23
17
95
+ 6

SICK AND DISABLED FOR WEEK ENDING SATURDAY, APRIL
10, 1976 AT 2400 HOURS

Daily average for the week sick 3.65
Daily percentage for the week disabled 4.83

TOTAL 8.4 8

SICK AND DISABLED FOR WEEK ENDING TUESDAY, MARCH
29, 1977 AT 2400 HOURS

Daily average for the week sick 83

Daily average for the week disabled 80

TOTAL 163

Daily percentage for the week sick 3-75
Daily percentage for the week disabled 4 . 84

TOTAL 8.59

The report was ordered filed

AYES: Commissioners Ciani, Gallegos
Hall, Murphy, Siggins

The Commission then adjourned its meeting,

-v

C

SECRET/TiTTT-

- 307 -

27 APRIL 1977 . - REGULAR MEETING

The^Police Commission of the City and
County of^San Francisco met in their chambers,
Room 551, Hall of Justice, 850 Bryant Street, on
Wednesday, April 27, 1977 at 1730 hours in regular
session.

PRESENT: Commissioners Ciani, Gallegos, Hall,

Murphy, Siggins DOCUMENTS

Commissioner Siggins presiding. loll

Commissioners Ciani and Gallegos requested to abstain
from voting on item number 7 of the Consent Calendar.
Motion was made by Commissioner Murphy to allow them
to do so and it was seconded by Commissioner Hall and
voted for approval by Commissioners Hall, Murphy, and
Siggins. The item itself was then approved by the
same , three Commissioners.

AYES: Commissioners Hall, Murphy, Siggins

NOTIFICATION AND FILING OF CHARGES AGAINST POLICE
OFFICER CRAIG PIRO, BUREAU OF SPECIAL SERVICES.

Mr. Stephen Bruce Bley, Attorney for Officers Rodri-
guez and Piro, stated that criminal charges were pend-
ing against his clients and that he felt It would be
Impossible for him to defend them while those charges
were pending. He stated that he was asking the Com-
mission to hold the Hearings in abeyance until the mat-
ter had been adjudicated in the criminal courts. He
further stated that he would like to make several mo-
tions. He continued by saying that as the Commission
knows, both officers are currently suspended from duty
He stated that he would respectfully request that they
be placed back on duty for the following reasons :

1. They are performing police duties now

because they are being continually sub-
poenaed to testify in court and they are
not being paid for it;

There is a paycheck which they earned
prior to suspension that has not been
released, and

He stated he could not see where the
public would be injured insofar as their
being restored to duty.

- 308 -

Chief Gain responded by saying that the Department
has the evidence to pursue a hearing before the
Commission. He stated that in grave matters, Of-
ficers are suspended pending a hearing before the
Commission. He said when the Department does not
have the evidence such as in the recent Federal
Indictments, he couldn't pursue a suspension pend-
ing charges before the Commission so there is a
difference in the matter of policy. He stated
when the Federal Authorities refuse to give the
Department the evidence against those indicted
officers then they are assigned to inside jobs
pending a Federal Trial or until such time as the
Department receives the evidence. Wherein in this
case, he stated, the Department does have the evi-
dence and is ready to proceed with the Hearing.

Commissioner Siggins then stated that the matter
would be continued for two weeks at which time the
Commission would rule on Mr. Bley ' s motion.

RESOLUTION NO. 200-77

POLICE OFFICER CRAIG S. PIRO, BUREAU OF SPECIAL
SERVICES.

WHEREAS, charges of violating the Rules
and Procedures of the San Francisco Police Depart-
ment were filed against Police Officer Craig S.
Piro, Bureau of Special Services; as follows:

SPECIFICATION NO.

Bringing discredit upon the Depart-
ment. (Violation of Rule 2.13 of the
Rules and Procedures of the San Fran-
cisco Police Department.) (Two Counts.)

by Charles R. Gain, Chief of Police, of the San
Francisco Police Department; therefore be it

RESOLVED, that the hearing before the
Police Commission on charges filed against Police
Officer Craig S. Piro, Bureau of Sepcial Services,
be, and the same is hereby set for Wednesday, May
18, 1977 at 5:30 p.m., in Room 551, Hall of Justice

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION 201-77

POLICE OFFICER ROBERT J. RODRIGUEZ, BUREAU OF SPECIAL

309 -

SERVICES

WHEREAS, charges of violating the Rules
and Procedures of the San Francisco Police Depart-
ment were filed against Police Officer Robert J.
Rodriguez, Bureau of Special Services, as follows

SPECIFICATION NO. 1

Bringing discredit upon the
Department. (Violation of Rules
and Procedures of the San Fran-
cisco Police Department.) (Three
Counts . )

by Charles R. Gain, Chief of Police, of the San
Francisco Police Department; therefore be it

RESOLVED, that the hearing before the
Police Commission on charges filed against Police
Officer Robert J. Rodriguez, Bureau of Special Ser-
vices, be. and the same is hereby set for Wednesday,
May 18, 1977 at 5:30 p.m., in Room 551, Hall of Jus-
tice .

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 197-77

POLICE OFFICER MICHAEL H. GALLAGHER, PARK POLICE
STATION

WHEREAS, on Wednesday, March 30, 1977,
Edward J. Laherty, Captain of Police, Commanding
Officer of Golden Gate Park Police Station, made
and served charges against Police Officer Michael
H. Gallagher, reading as follows:

SPECIFICATION NO.

Breach of the peace. (Violation
of Section 2.13 of the Rules and
Procedures of the San Francisco
Police Department.)

SPECIFICATION NO. 2

Resisting arrest and bringing dis-
credit upon the Police Department
(Violation of Section 2.13 of the
Rules and Procedures of the San
Francisco Police Department.)

310

SPECIFICATION NO. 3

Failure to obey lawful order. (Viola-
tion of Section 2.45 of the Rules and
Procedures of the San Francisco Police
Department . )

SPECIFICATION NO,

Intoxicated to the extent of being
unable to perform police duties.
(Violation of Section 2.125 of the
Rules and Procedures of the San Fran-
cisco Police Department.)

SPECIFICATION NO

Leaving of residence while on dis-
ability leave. (Violation of Sec-
tion 5.57 of the Rules and Procedures
of the San Francisco Police Depart-
ment . )

and

WHEREAS, on October 8, 1976, Charles R.
Gain, Chief of Police, made and served additional
charges against Police Officer Michael H. Gallagher,
reading as follows:

SPECIFICATION NO.

Conduct reflecting Discredit upon
the Department. (Violation of Sec-
tion 2.13 of the Rules and Procedures
of the San Francisco Police Depart-
ment . )

WHEREAS, the Police Commission set Wednesday,
April 27, 1977, as the date for the hearing on charges
filed against Police Officer Michael H. Gallagher; and

WHEREAS, Chief of Police Charles R. Gain, an-
nounced that the Police Department was in receipt of the
resignation of Police Officer Michael H. Gallagher , from
the San Francisco Police Department; said resignation
effective April 25, 1977, which resignation was ac-
cepted with the condition that the services of Police
Officer Michael H. Gallagher have been unsatisfactory
and that he does not resign in good standing; there-
fore be it

RESOLVED, that the charges of violating the
Rules and Procedures of the San Francisco Police De-
partment filed against Police Officer Michael H.Gallagher
be, and the same are hereby continued off calendar.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

311 -

CHIEF'S REPORT TO THE .POLICE COMMISSION

Chief Gain stated that he did not have a report
for the Commission tonight.

TRANSFER OF JITNEY BUS PERMIT - APPROVED

The matter of the transfer of the right
to operate a jitney bus by the following named per-
son was called for hearing, it having been adver-
tised in the official newspaper in accordance with
the provisions of ordinance applying thereto. The
transferor and transferee appeared in person and
were not represented by counsel. The Commission
approved the transfer of whatever, right, title or
interest that the within-named transferor might
have to operate a jitney bus to the within-named
transferee; said approval contingent upon the trans-
feree filing with the Police Commission the appro-
priate bond and/or insurance policy as provided
by the Police 'Code:

TRANSFEROR TRANSFEREE - NO. OF PERMITS

Thomas Hardy Daniel Villanova 1

7^9 London Street 18 Avalon Avenue
San Francisco, CA. San Francisco, CA.

Route: Mission Street - Ferry to Sickles Avenue

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

PUBLIC HEARING TO DETERMINE IF PUBLIC CONVENIENCE
AND NECESSITY EXISTS FOR THE ISSUANCE OF FIFTEEN
(15) SIGHTSEEING BUS PERMITS. APPLICANT: DAVID
F. GILMARTIN.

The matter of the application of David F.
Gilmartin for new Certificates of Public Convenience
and Necessity for the operation of 15 Sightseeing
Busses was called, the application having been ad-
vertised in the official newspaper in accordance
with the provisions of ordinance applying thereto.

Commissioner Siggins advised the applicant
and protestants of the ground rules which are to be
followed during the hearing. They were also advised
to make arrangements for their own court reporter
because the Police Commission will not engage the
services of a court reporter.

312 -

Mr. Arthur Schwartz representing Mr.
Gilmartin stated that they had some further
statistics and data not included in the package
of materials previously sent to the Commission
and he would like to present it in graphic form.
He stated that in the interest of efficiency he
would identify their witnesses and have them i-
dentify themselves if it is acceptable to the
Commission.

At this ■ point Commissioner Siggins
then asked Officer Morris Martindale as to how
many sightseeing permits issued by the Depart-
ment are currently in operation. Officer Martin-
dale stated that Greyline currently had 43, and
that there are other Companies with specialized
Sightseeing permits, the Cable Car Bus Co., owned
by Mr. Edmund also has three permits and there is
a Mr. Jung who owns a Chinatown Rickshaw. He. con-
tinued by saying that the Cannery at Ghiradelli
Square were issued two sightseeing permits to op-
erate an Omni-bus but they were revoked by the
Police Commission for non-use. They were able to
survive only during the summmer months during the
winter months they went out of business on the
24th of October 1971- He stated that there was
one other permit for a Horse Drawn Carriage in
Golden Gate Park issued by the Chief of Police.
He stated that Greyline first received their 43
permits May 17, 1926 when several other companies
amalgamated and became Greyline. He stated that
in 1963 they were transferred from the Estate of
William Mulpeters to Greyline Inc.

Mr. Schwartz was then allowed to continue
his presentation. He stated that their intention
was to show the Commission that there was a large
and broad market available for providing Sightseeing
per capita, not tour but per capita services. He
stated that they have designed generally a program
which will fit markets 'that are now untouched and
that will fulfill very basic needs and very important
conveniences here in the City of San Francisco. He
then presented charts which graphically illustrated
their plans. He then introduced the following' speakers
who were in support of Mr. Gilmartin' s application for
the Sightseeing permits:

Mr. Cliff Putnam, Consultant to the Sight-
seeing Tour Business.

Mr. John Krebs, Director of Sales for Scenery
Unlimited (Ground Operator)

Mr. Tom Judy, District Parking Manager of
Holiday Inns

Mr. Dave Gilmartin, Applicant for Sightseeing
Permits .

Mr. Allen Smith, Falcon Bus Lines

Mr. John Saunders, Vice President of Travway
International .

- 313 -

Mr. Ernest Stent, Attorney for Greyline, stated
that they would like to have one week in which to
prepare their response to Mr. Gilmartin's presen-
tation. He stated that there may have been a mis-
understanding in that they were promised a folder
with information on Mr. Gilmartin's proposed Con-
venience and Necessity but did not receive it. He
stated that applicant obviously put in a lot of
time and effort in preparing his presentation for
tonight's hearing. He stated that he would think
that it would be appropriate to accord them (Grey-
line) seven (7) days to prepare their response.
He stated that they were prepared to go forward
on certain things tonight but they are not prepared
to respond to a number of allegations, complaints,
characterizations, inaccuracies and innuendos that
are contained in the various and supporting documents.
He stated that it would not take them more than an hour
to put on their presentation.

Commissioner Siggins then stated that there were
other speakers yet to be heard on this issue and he
then called for a 5 minute recess after which the
following persons made their presentations:

Mr. Alexander Anolik, Attorney representing S.F.
Hosts .

He stated that he was not in opposition to Mr. Gilmar
tin being granted permits but he was merely speaking
for his client, S. F. Hosts, who would also like to
get permits.

Mr. Michael D. Parrish, President, Local 265, Chauffeur's
Union, representing Greyline drivers.

He stated that he was opposed to the issuance of more
sightseeing permits for at the present time, because
of the competition, there is not enough business to
keep the people already in the industry steadily em-
ployed.

Mr. J. Allen, representing the Independent Cab Com-
panies in the City stated that they were opposed to
the issuance of new sightseeing permits or any other
transportation permits. He stated that the Commission
did not know how many forms of transportation there
were in the City having been approved by the PUC . He
stated that all of these things are happening and are
taking away business from the cab industry.

Mr. Ron Davis, Mini Tours and Charter Company.

Mr. Davis spoke on his own behalf requesting he be
considered to be an applicant for Per Capita Sight-
seeing Permits in San Francisco.

Commissioner Siggins then returned to Mr. Stent

- 314 -

Attorney for Greyline, who once again requested time
to respond to the presentation made by Mr. David Gil-
martin. Further discussion was held which centered
around jurisdiction of the PUC and the Police Com-
mission in the issuance of Sightseeing Permits.

Commissioner Ciani then asked Officer Michael Seybold,
Attorney assigned to the Legal Office, to confer
with the City Attorney in regards to the Commission's
posittion as to past and present procedures in the
issuance of Public Convenience and Necessity Certi-
ficates for the operation of Vehicles for Hire.

The hearing on the application for new Certificates
of Public Convenience and Necessity (Sightseeing
Permits) was continued to Wednesday, May 11, 1977-

RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendations of the
Traffic Bureau on the installation of zoning for
the regulation of traffic on the public streets, be,
and the same are hereby approved:

171 LISBON STREET - MONROE SCHOOL

a) At 171 Lisbon Street, install a 145'
white
wall.

white zone, north from end of south

3OI-399 EXCELSIOR AVENUE - MONROE SCHOOL

a) At 301-399 Excelsior Avenue, revoke
existing 170' white zone - (6' - 176
west of Madrid. )

30 WAVERLY PLACE - CHINESE CHRISTIAN MISSION S.F.

CENTER

a) At 30 Waverly Place - install a 22'
green zone, to extend north of south
property line.

2398 PINE STREET - THE ANCHORAGE

a) At 2398 Pine Street, install a 22'
green zone, from 12' - 34' east of
west building line.

- 315 -

344 ELLIS STREET -DOWNTOWN APARTMENTS

a) At 344 Ellis Street - Install a 22'
white zone, to extend east from west
property line also remove meter ELLIS-
320.

1945-1955 FRANKLIN STREET - LEVY APARTMENTS

a) At 1945-1955 Franklin Street, install
a 42' white zone, to extend from 18' -
60 ' south of north building line.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

REVOKED

RESOLVED, that the recommendation of the
Traffic Bureau on the revocation of 170 feet of
white zones at various parts of the City at the
locations submitted, be, and the same are hereby
approved.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 191-77

CAROLE WOOLFORD

RESOLVED, that the recommendtion of the
City Attorney for settlement of the claim of Carole
Woolford against the City and County of San Fran-
cisco in the sum of $18.00 as the result of a faulty
tow, be, and the same is hereby approved.

Date of Incident: November! 30 , 1976

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

RETIREMENTS

Communications were received from the Retire-
ment Board officially notifying the Police Commission
of the retirement of the following members of the Police
Department :

a) Sergeant David P. Roche, Legal Office, for
service, effective April 13, 1977-

- 316

b) Police Officer Michael B. Kelleher,

Richmond Police Station, for industrial
disability, effective March 16, 1977.

The communications were ordered filed.

RESOLUTION NO. 193-77

LEAVE OF ABSENCE WITHOUT PAY PENDING HEARING
ON CHARGES - APPROVED

WHEREAS, Inspector Ronald G. Limneos,
Juvenile Bureau, was suspended without pay ef-
fective at 1600 hours, Tuesday, November 30, 1976,
pending hearing of charges before the Police Com-
and

WHEREAS, Inspector Ronald G. Limneos
has requested a Leave of Absence Without Pay pend-
ing hearing of charges before the Police Commis-
sion; therefore be it

RESOLVED, that Inspector Ronald G. Lim-
neos, Juvenile Bureau, be placed on an extended
Leave of Absence Without Pay at his request for
a period of ninety (90) days commencing April 17,
1977 j until his hearing is held before the Police
Commssion.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 19^-77

RECOMMENDATION OF THE CHIEF OF POLICE FOR APPROVAL
OF TRAVEL EXPENSES INCURRED BY CAPTAIN JAMES P.
SHANNON, PERSONNEL AND TRAINING, AND POLICE OFFICER
JEROME DEFILIPPO, LEGAL OFFICE, AT A CONFERENCE ON
VALIDATION OF LAW ENFORCEMENT SELECTION STANDARDS
IN LOS ANGELES, CALIFORNIA, ON APRIL 13, 1977.

WHEREAS, on the recommendation of the
Chief of Police, Captain James P. Shannon, Personnel
and Training, and Police Office Jerome DeFilippo,
Legal Office, received permission from the Police
Commission to attend a Conference on Validation of
Law Enforcement Selection Standards in Los Angeles,
California; and

WHEREAS, Captain James P. Shannon and
Police Officer Jerome DeFilippo, did travel to Los
Angeles, Calif ornia, . on April 13, 1977; therefore
be it

RESOLVED, that expenses in the amount of
$89.00 incurred by Captain James P. Shannon and

- 317 -

$56.00 incurred by Police Officer Jerome DeFIlippo,
while attending this conference will be defrayed
by the Police Department's Police Officers' Train-
ing Fund.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 195-77

REQUEST FOR SUPPLEMENTAL APPROPRIATION

RESOLVED, that the Controller be, and
he is hereby requested to draw a Supplemental Appro-
priation in the amount of $92,892.00 from any leg-
ally available funds, and credit it to the follow-
ing appropriations in the amounts indicated:

Appropriation No. 6.161.200.000

Contractual Services $50,392.00

Appropriation No. 6 .161 . 300. 000

Materials & Supplies $42,500.00

for telephone and fuel for remainder of year.

AYES: Commissioners Hall, Murphy, Siggins
NOT VOTING: Commissioners Ciani, Gallegos

RESOLUTION NO. 196-77

REQUEST FOR SUPPLEMENTAL APPROPRIATION

RESOLVED, that the Controller be, and he
is hereby requested to draw a Supplemental Appropria-
tion in the amount of $26,000.00 from any legally
available funds, and credit it to the following appro-
priation in the amount indicated:

Appropriation No. 6 . l6l . 900 . 000

Services of other Departments $26,000.00

to provide additional funds for Police Information
Network.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

- 318 -

WEEKLY SICK REPORT

Chief of Police Charles R. Gain, sub-
mitted a report of members of the Department off
duty due to sickness and disability for the week
ending Tuesday, April 19, 1977 at 2400 hours as
follows :

PREVIOUS WEEK

Daily average for the week

sick 89 95

Daily average for the week

disabled 95 88

TOTALS 184 183

This is an increase of one (1) member off duty
daily from the previous week.

Daily percentage for the week sick 4.17

Daily percentage for the week disabled 5.75

TOTAL 9.92

Disabled at start of week 87

Started during the week 18

Returned during the week 13

Disabled at end of the week 92

NET GAIN OR LOSS +5

SICK AND DISABLED FOR WEEK ENDING SATURDAY, APRIL
17, 1976 at 2400 HOURS:

Daily average for the week sick 36

Daily average for the week disabled 128

TOTAL 163

Daily percentage for the week sick 1.91

Daily percentage for the week disabled 7 . 22

TOTAL 9.13

SICK AND DISABLED FOR WEEK ENDING TUESDAY, MARCH
29, 1977 AT 2400 HOURS:

Daily average for the week sick 83

Daily average for the week disabled 80

TOTAL 163

- 319 -

Daily percentage for the week sick
Daily percentage for the week disabled

TOTAL

3.75
4.84

8.59

The report was ordered filed

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

The Commission then adjourned its meeting,

UUU4M§fcjsfc

- 320 -

JUN 9

)17

4 MAY 1977

/ l^-yCO— • rtj

REGULAR MEETING

TherrPolice Commission of the City and
County of^San Francisco, met in their chambers,
Room 551/ Hall of Justice, 850 Bryant Street, on
Wednesday, May 4, 1977 at 1730 hours, in regular
session .

PRESENT: Commissioners Hall, Murphy, Siggint

ABSENT:

Commissioners Ciani, Gallegos

Commissioner Siggins presiding,

The members;of the Commission, having
been furnished copies of the minutes of the meeting
of March 30, 1977, and the Commissioners not having
sufficient time to peruse, approval of same was con-
tinued for one week.

AYES

Commissioners Hall, Murphy, Siggins

NOT VOTING

Commissioners Ciani, Gallegos

CHIEF'S REPORT, TO THE POLICE COMMISSION

Chief Gain stated that he had no report for the
Commission tonight.

RESOLUTION NO. 203-77

CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
(JITNEY BUS PERMIT) - HEARING TO REVOKE - CONTINUED
OFF CALENDAR FOR SIXTY (60) DAYS.

WHEREAS, there was granted to Mr. Reyes
Almonte on December 23, 1963, a permit and/or
license for the operation of one (1) jitney bus;
and

WHEREAS, pursuant to an investigation
conducted by the Vehicle Inspection Detail of the
San Francisco Police Department, the Chief of Police
advised that Reyes Almonte was not operating

not so operated siad vehicle
of ten (10) consecutive days
violation of the provisions

was
his
for
and
of

jitney bus and had

a period in excess

was, therefore, in

Section 1079 of the

Police Code; and

WHEREAS, Reyes Almonte appeared before
the Police Commission on Wednesday, May H, 1977,

- 321 -

and requested that he be allowed an extension of
sixty (60) days to locate a buyer for his jitney
bus permit; and

WHEREAS, the Police Commission feels
that an extension of sixty (60) days would be
sufficient time to allow Mr. Almonte to locate
a buyer for his jitney bus permit; therefore be
it

RESOLVED, that the request of Mr. Almonte
for an extension of sixty (60) days to locate a
buyer for his jitney bus permit, be, and the same
is hereby approved.

AYES: Commissioners Hall, Murphy, Siggins
NOT VOTING: Commissioners Ciani, Gallegos

HEARING TO DETERMINE WHETHER OR HOT THE JITNEY
BUS PERMIT ISSUED TO MR. INOCENCIO P. BENDO'
SHOULD BE REVOKED AS RECORDS INDICATE THAT HE HAS
FAILED TO COMPLY WITH PROVISIONS OF SECTION 1094
OF THE MUNICIPAL POLICE CODE, PERTAINING TO YEARLY
TAXES TO BE PAID TO THE CITY AND COUNTY OF SAN
FRANCISCO. - HELD OVER ONE (1) WEEK.

AYES: Commissioners Hall, Murphy, Siggins

NOT VOTING: Commissioners Ciani, Gallegos

HEARING TO DETERMINE WHETHER OR NOT THE JITNEY
BUS PERMIT ISSUED TO MR. ASKOR K. SHANKOR SHOULD
BE REVOKED AS RECORDS INDICATE THAT HE HAS FAILED
TO COMPLY WITH PROVISIONS OF SECTION 1094 OF THE
MUNICIPAL POLICE CODE, PERTAINING TO YEARLY TAXES
TO BE PAID TO THE CITY AND COUNTY OP SAN FRANCISCO,
AND ALSO THAT HIS JITNEY BUS PERMIT IS NOT BEING
OPERATED IN COMPLIANCE WITH SECTION 1079 OF THE
MUNICIPAL CODE (CONTINUED OPERATION REVOCATION
PROVIDED FOR.) - HELD OVER ONE (1) WEEK.

AYES: Commissioners Hall, Murphy, Siggins
NOT VOTING: Commissioners Ciani Gallegos

GENEVA TERRACE^ ASSOCIATION

Several persons in the audience from the Geneva
Terrace neighborhood stated that they were hoping
that the minutes of the previous Commission meet-
ing would include a letter from Lieutenant Jordan

- 322

reporting on their situation and request for
assistance .

Commissioner Siggins stated that he had spoken
to a Mr. Yost from the Geneva Terrace neighborhood
today and that he had also told him that he would
be talking to Chief Taylor about a meeting which
Chief Taylor would arrange with their (Mr. Yost's)
group .

One of the members of the Geneva Terrace then
asked if the report from Lieutenant Jordan was
submitted at the last Commission meeting. Com-
missioner Siggins stated that the report had not
as yet been studied by the Commission and if it
meets the anatomy for the Commission then it would
be discussed. -The Geneva Terrace spokesman then
stated that the only reason they wanted it included
in the minutes is because they had been trying to
check into what was happening to that particular
grant j the police service aide proposal, which was
submitted by the San Francisco Police Department
to the Mayor's Office and is now up in Sacramento.
He stated that they had called Sacramento and are
having trouble in trying to locate the grant. He
continued by saying that the Commission can now
see why they wanted documentation in the minutes
of the visit.

Chief Mullen stated that the grant was an offer
of funds by the Governor made to city officials.
Various Criminal Justice Agencies under the auspices
of the Mayor got together and a packet was put to-
gether to present to the Governor's Office. He
stated that our part of the Packet was a request to
fund 146 police service aides. The last information
from the Mayor's Office was that the package had
been put together and sent to the Governor's Office
from the Mayor's Office. He stated that he did not
know what has now happened to it.

Chief Gain stated that the problem is that it is
not a Grant for the proposal that was submitted
and is probably why it couldn't be found. He con-
tinued by saying that what this whole thing is
about is when Governor Brown came here for his famous
Pink Palace visit, the next day some Criminal Justice
people got together and it was identified on a state
level that they had some Title II funds. Following
that the City put a package together, the Mayor formed
a Task Force and as the result of that Task Force
effort the document including the Police Department's
idea for para-professionals was submitted to the Mayor's
Office. He then stated, so it was not a Grant Proposal,
it was a request for funding of various city-type
programs and that is why if you look under Grant you
will not find it. He stated that the Department has
a copy of that document so we will be able to find
out where it is.

Commissioner Siggins stated that what had happened

in this matter is that he and Commissioner Ciani
went with Lieutenant Jordan to Geneva Terrace and
told them that they would have Lieutenant Jordan
write up a report and notify them as to when they
could meet with Department Officials and then pos-
sibly with the Mayor within three weeks. He con-
tinued by saying that Lieutenant Jordan didn't get
the report out that soon but he did give the 'Com-
mission a fine report and the Geneva Terrace people
have now requested to meet with Chief Taylor.

The members of the Geneva Terrace Neighborhood
Association was then advised that Captain Taylor
would meet with them in an effort to bring about
their request for assignation of para-professional
police services for their neighborhood.

RECOMMENDATIONS OP THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendations of the
Traffic Bureau on the installation of zoning for
the regulation of traffic on the public streets, be,
and the same are hereby approved:

1520 TAYLOR STREET - COLDWELL BANKER PROPERTY MANAGEMENT

a) At 1520 Taylor Street, install a 22' white
zone, to extend from 18 ' - 40' north of
south property line.

12 3^ MCALLISTER STREET - EL BETHEL ARMS, INC.

a) At 1234 McAllister Street, install a 22'
white zone, to extend from 5^' - 76' west
of driveway .

1355 GOLDEN GATE AVENUE - EL BETHEL ARMS, INC.

a) At 1355 Golden Gate Avenue, install a 22*
white zone, to extend from 5^ ' - 76' west
of east property line.

1025 FILLMORE STREET - EL BETHEL ARMS, INC.

a) At 1025 Fillmore Street, install a 22'
white zone, to extend from 59' - 8l'
south of north property line.

712 SUTTER STREET - HOTEL CANTERBURY

a) At 712 Sutter Street, install a 42' white
zone, to extend west from east building

- 324 -

line. — Also remove parking meters #710
and 712.

90 SHERMAN STREET - CARDINAL CO,

a) At 90 Sherman Street, install a 60'

yellow zone, to extend from 43' - 103'
north of south property line.

AYES: Commissioners Hall, Murphy, Siggins
NOT VOTING: Commissioners Ciani, Gallegos

RESOLUTION NO. 202-77

RECOMMENDATION OF THE CHIEF OF POLICE FOR APPROVAL
OF TRAVEL EXPENSES INCURRED BY INSPECTOR ROBERT L.
STONE, BUREAU OF INSPECTORS, AT AN ARSON INVESTIGATORS'
WORKSHOP AT COLUMBIA JR. COLLEGE, SONORA, CALIFORNIA,
FROM APRIL 20, 1977 TO APRIL 23, 1977, INCLUSIVE.

WHEREAS, on the recommendation of the
Chief of Police that Inspector Robert L. Stone,
Bureau of Inspectors, received permission from the
Police Commission to attend and Arson Investigators'
Workshop at Sonora, California; and

WHEREAS, Inspector Robert L. Stone did
travel to Sonora, California, from April 20, 1977
to April 23, 1977, inclusive; therefore be it

RESOLVED, that expenses in the amount of
$140.00 incurred by Inspector Robert L. Stone while
attending this workshop will be defrayed by the
Police Department's Police Officers' Training Fund.

AYES: Commissioners Hall, Murphy, Siggins
NOT VOTING: Commissioners Ciani, Gallegos

WEEKLY SICK REPORT

Chief of Police Charles R. Gain submitted
a report of members of the Department off duty due
to sickness and disablility for the week ending
Tuesday, April 26, 1977 at 2400 hours, as follows:

PREVIOUS WEEK

Daily average for the week

sick 95 89

- 325 -

Daily average for the week

disabled 92 95

TOTALS 187 184

This is an increase of three (3) members off
duty daily from the previous week.

Daily percentage for the week sick 4.56

Daily percentage for the week disabled 5.58

TOTAL 10.14

Disabled at start of week 97

Started during the week 12

Returned during the week 19

Disabled at end of the week 90

Net Gain or Loss -7

SICK AND DISABLED FOR WEEK ENDING SATURDAY
APRIL 24, 1976 AT 2400 HOURS:

Daily average for the week sick
Daily average for the week disabled

TOTAL
Daily percentage for the week sick
Daily percentage for the week disabled

TOTAL 8.81

37

119

156

1,

■ 99

6,

.82

SICK AND DISABLED FOR WEEK ENDING TUESDAY
APRIL 5, 1977 AT 2400 HOURS:

Daily average for the week sick
Daily average for the week disabled

TOTAL 176

Daily percentage for the week sick 4.03

Daily percentage for the week disabled 5 • 33

TOTAL 9-36

The report was ordered filed.

AYES: Commissioners Hall, Muprhy, Siggins

NOT VOTING: Commissioners Ciani, Gallegos

- 326 -

The Commission then adjourned its meeting
in memory of Patrol Special Officer Joseph
Boswell who was killed in the line of duty
on Tuesday, May 3, 1977-

■

3^7

11 MAY '1977

'■4jJrL4

SPECIAL MEETING

The Police Commission of the City and
County of,, San Francisco met in their chambers,
Room 551, Hall of Justice, 850 Bryant Street,
on Wednesday, May 11, 1977 at 1630 hours in
Special Session; and at 1730 hours in Regular
Session.

PRESENT: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

NTS

aB<£§EggE?

Commissioner Siggins presiding,

MEET AND CONFER WITH THE SAN FRANCISCO POLICE OFFICERS'
ASSOCIATION REGARDING THE SAN FRANCISCO POLICE OFFICERS'
MEMORANDUM OF UNDERSTANDING.

Members of
the meet an
then asked
were having
1700 hours
ger, that t
get them to
but they re
San Francis
were made b
day ' s regul

the Pol
d confe
to wait

a brie
they no
hey wer

return
fused .
co Poli
y Presi
ar sche

ice Officers

r session at

momentarily

f caucus. T

tified the C

e leaving.

and follow

Subsequentl

ce Officers '

dent Richard

duled Police

Association appeared for
1630 hours. They were
as the Commissioners
hey agreed to wait. At
ommissioners , by messen-
An attempt was made to
through with the meeting
y, comments regarding the
Association's action
J. Siggins during to-
Commission Meeting.

REGULAR MEETING

PRESENTATION OF CERTIFICATES AND MEDALS OF VALOR

Commissioner Siggins stated that the Commission as
stated before has termed this as the "Happy Hour"
as far as Commission members are concerned and lie
then turned the matter over to Commissioner Ciani
who was Chairperson at the last Awards Meeting.

Commissioner C
the last meeti
same speech be
point of bein
of these meeti
descriptions o
members of the
members of the
aware of how s
awards are giv
of you who don
the act of bra
mittee. The o

iani : "It was my pleasure to Chair
ng and some of you may have heard the
fore. We always say that the high

a Commissioner is to preside at one
ngs and to hear one after another the
f extraordinary acts of bravery by
Department. I am glad to see so many
families here because you should be
trict the process is by which these
en. I will describe that for those
't know how it happens. The story of
very is read before the Awards Com-
fficers involved are present to answer

- 328 -

questions tendered by the Captains or the Com
missioner after which there is a discussion in
private among the Captains and then a vote. During
thisprocess I have seen that the very high standards
of distinguishing between ordinary police work and
extraordinary acts which are entitled to recognition
for meritorious awards are strictly maintained by
the Captains who have been around a long time and
who are pretty hard to impress and this is to the
greater credit of the people who receive these
awards as it is a truly great honor to be recog-
nized by the superiors in the Department who have
years and years of experience. We will call up
first the Gold Medal winners and award those medals
and then we will take the Silver and the Bronze
separately since we have so many this time. We
have three Gold Medal winners which I think is the
most we have had in any one session, eight Silver
and sixteen Bronze.

Police Officer Thomas E. Perdue Gold Medal of Valor

Police Officer Joseph Arsanis Gold Medal of Valor

Police Officer William H. Wohler Gold Medal of Valor

Police Officer Brian M. D'Arcy Silver Medal of Valor

Police Officer Thomas M. Heffernan Silver Medal of Valor

Police Officer Jeremiah W. Morgan Silver Medal of Valor

Police Officer Michael V. Rolovich Silver Medal of Valor

Police Officer Richard H. VanWinkle Silver Medal of Valor

Police Officer Ronald E. Stansbury Silver Star

Sergeant Edward R. Powlie Bronze Medal of Valor

Police Officer Charles E. Brewster III.. Bronze Star

Police Officer Michael J. Morello Bronze Medal of Valor

Police Officer Robert C. Mulry Bronze Medal of Valor

Police Officer James M. Petrie Bronze Medal of Valor

Police Officer Reno L. Rapagnani Bronze Medal of Valor

Police Officer Patricia Beauchamp Bronze Medal of Valor

The above list consists only of those members
who appeared for Presentations.

The members of the Commission, having been
furnished copies of the minutes of the meeting
of March 30, 1977 and April 6, 1977, reading of

- 329 -

same was dispensed with and the minutes were ap-
proved.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain delivered to the Commissioners a written
report to the Commission current statistics on the
City's crime experience to date as compared to last
year. He stated that when April of last year is
compared to April of this year there is a reduction
of 11 JS in serious crimes which include murder, for-
cible rape, aggravated assault and so on. He con-
tinued by saying when we compare the 1st four months
of this year, January through April, to last year,
we have a 2.7% decrease in the overall serious crime
categories. He stated that the principal factor in
the reduction for year to date compared to last year
is the number of burglaries and robberies. He stated
that the reduction in robberies and some other crimes
is attributable basically to the patrol force. He
continued by saying the Street Crime Unit, for ex-
ample, continues to be very successful in arrest for
Grand Theft and that category for arrest is very high.
He stated, "so we are at this point in time, when it
comes to serious crimes have not only reached a level-
ing off but a slight decrease and hopefully we can ex-
perience that in the future. Paradoxically, I would
like to comment that consequent to the implementation
of the Citizens Safety Project now that it is going
city wide, what should be occurring as citizens are
becoming more aware and involved is more crime should
be reported as we go through this year and next year.
So we could have then a paper increase in crime. That
program is being very successful in implementation and
never the less though we do have a decrease in reported
crime at this point it is a tribute to the personnel
in the Department particularly to the patrol personnel."

Commissioner Siggins : "Our calendar tonight called
for a meet and confer session with the San Francisco
Police Officers' Association regarding a Memorandum
of Understanding which may have been entered into
between ourselves and the S.F.P.O.A. We have had
prior meetings and on Monday night we suggested that
because of some calendar problems we would try to
meet with them at 4:30 p.m., today I was tied up on
the Freeway, I got here about 4:45 p.m., I think and
some matters had been carried over from Monday night
and were the subject of a caucus between us and when
time came for us to meet with the S.F.P.O.A., they
were gone . "

Commissioner Ciani: "May I say that they knew we had
scheduled a caucus before the meeting."

- 330 -

Commissioner Murphy: "Also, they were gone promptly
at 5:00 p.m."

Commissioner Siggins : "But at any rate the MOU that
we have now expires next week and we are offering to
meet with them on Saturday, May 14 , 1977, at 10:00
a.m. We don't want to be here and have them turn
around and walk out. Each of the Commissioners by
the makeup of the Commission have personal obliga-
tions and duties to perform. We met with them on
Monday night, we agreed to meet with them earlier
today and we also want it known that we agree to
meet with them on Saturday which would be three
meetings this week which involves the Commission
itself and aside from the personal meetings and
other things that have to be done by the Commissioners
So I can say this about the POA and the meetings, I
don't think they are acting in good faith as the State
Law requires. By the prior MOU, I mentioned the fact
that we are lay people coming in to work with the POA
in meeting and confering. By the past MOU, officers
who are on duty get time off is that correct Chief
Mullen? So they get time off. For them to walk off
stating that there was some kind of delay of their
time would be improper and incorrect and I anticipate
that they will be probably having some kind of press
conference now."

RESOLUTION NO. 210-77

POLICE COMMISSION DECISION ON MOTION BY MR. STEPHEN
BRUCE BLEY, ATTORNEY FOR POLICE OFFICERS CRAIG PIRO
AND ROBERT RODRIGUEZ, BUREAU OF SPECIAL SERVICES, TO
RETURN THEM TO DUTY - DENIED.

WHEREAS, Mr. Stephen Bruce Bley, attorney
for Police Officers Craig Piro and Robert Rodriguez,
Bureau of Special Services, stated that criminal
charges were pending against his clients, and that
he felt it would be impossible for him to defend them
while those charges were pending; and

WHEREAS, both officers are currently suspended
from duty, and he is respectfully requesting they be
placed back on duty for the following reasons:

1) That they are performing police duties
now because they are being continuously
subpoened to testify in Court, and are
not being paid for it .

2) There is a pay check which they have
earned prior to suspension that has
not been released.

- 331

3) He could not see where the public
would be injured insofar as their
being restored to duty; and

WHEREAS, Chief Gain responded by stating
that for grave matters such as those in which the
officers were suspended, the .usual procedure is
suspension pending a hearing before the Police Com-
mission: and

WHEREAS, Chief Gain continued by stating
that the Department does have evidence to pursue
those hearings, and that if Mr. 31ey wanted a hear-
ing on the matter the Department was ready to pro-
ceed; and

WHEREAS, Commissioner Siggins stated
that the Commission needed time to consider Mr.
Bley's motion for restoration of his clients to
duty; and

WHEREAS, the matter was continued for
two weeks at which time Mr. Bley's motion was dis-
cussed at the Police Commission meeting of May 11
1977;and

WHEREAS, Commissioner Siggins stated that
it was the Commission's feeling that the matter was
of grave importance, and that similar matters in-
volving police officers who have allegedly committed
crimes such as murder, robbery, etc., would also be
entitled to remain in a working capacity if these
officers were given the opportunity to do so; there-
fore be it

RESOLVED, that it is the decision of the
Police Commission that in deference to setting a
dangerous precedent, Mr. Bley's motion to return
Police Officers Piro and Rodriguez to duty be, and
the same is hereby denied.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

HEARING TO DETERMINE WHETHER OR NOT THE JITNEY BUS
PERMIT ISSUED TO MR. INOCENCIO P. BENDO SHOULD BE
REVOKED AS RECORDS INDICATE THAT HE HAS FAILED TO
COMPLY WITH PROVISIONS OF SECTION 109^ OF THE MUNI-
CIPAL POLICE CODE, PERTAINING TO YEARLY TAXES TO
BE PAID TO THE CITY AND COUNTY OF SAN FRANCISCO. -
CONTINUED TO JUNE 1, 1977.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

HEARING TO DETERMINE WHETHER OR NOT THE JITNEY BUS

- 332 -

PERMIT ISSUED TO MR. ASKOR K. SHANKAR SHOULD BE
REVOKED AS RECORDS INDICATE THAT HE HAS FAILED
TO COMPLY WITH PROVISIONS OF SECTION 1094 OF THE
MUNICIPAL POLICE CODE PERTAINING TO YEARLY TAXES
TO BE PAID TO CITY AND COUNTY OF SAN FRANCISCO,
AND ALSO THAT HIS JITNEY BUS PERMIT IS NOT BEING
OPERATED IN COMPLIANCE WITH SECTION 1079 OF THE
MUNICIPAL POLICE CODE (CONTINUOUS OPERATION REVO-
CATION PROVIDED FOR.) - CONTINUED TO JUNE 1, 1977.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

PUBLIC HEARING TO DETERMINE IF PUBLIC CONVENIENCE
AND NECESSITY EXISTS FOR THE ISSUANCE OF FIFTEEN
(15) SIGHTSEEING BUS PERMITS. APPLICANT: DAVID
F. GILMARTIN. - CONTINUED FROM MEETING OF APRIL
27, 1977.

The matter of the hearing on application for new
certificates of Public Convenience and Necessity
for the operation of 15 Sightseeing Bus permits
was called, it having been continued from the meet-
ing of April 27, 1977.

Mr. Craig McAtee, representing the Gray Line Inc , ,
in their opposition to the issuance of new Sight-
seeing Bus permits to David F. Gilmartin, called
the following-named witnesses:

Mr. Robert F. Begley, General Manager,
Towne House Hotel, 8th and Market.

Mr. Philip R. Creamer, Manager, Raphael
Hotel, Geary and Mason.

Mr. Joseph Akkawi , Operator of Tour Desk
at the Sheraton, Wharf and Holiday Inn
on Van Ness Avenue.

Mr. Ralph Seligman, Operator of Night
Club Tour for Holiday Tours, 3^0 Mason
Street .

Mr. James Mulpeters, President, Gray
Line, Inc.

The hearing on application for new certificates
of Public Convenience and Necessity for the opera-
tion of 15 Sightseeing Bus permits was continued
to Wednesday, May 25, 1977, at 5:30 p.m., in Room
551, Hall of Justice.

(The proceedings of the Hearing for
this date was taken in shorthand form
by Lorna Hoshyama, C.S.R. Proceed-
ings of Hearing prior to and including
this date were recorded on cassette
tape . )

- 333 -

RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendations of the
Traffic Bureau on the installation of zoning for the
regulation of traffic on the public streets, be, and
the same are hereby approved:

110 - FIFTH STREET - SAN FRANCISCO NEWSPAPER PRINTING

COMPANY

a) At 110 - Fifth Street - revoke 35' yellow
zone and install red zone - 35' from 5' -
40' north of Natoma Street.

1746 POST STREET - HOKUBEI MAINICHI

a) At 1746 Post Street, install a 4l» yellow
zone, to extend from 5' - 46' west of east
property line.

17» VALENCIA STREET - M & P YOGURT CO,

a) At 178 Valencia Street, install a 24'

yellow zone, to extend north from south
property line - Also remove parking meter
VAL-152.

1239 STOCKTON STREET - CHINATOWN MEDICAL LAB.

a) At 1239 Stockton Street - revoke existing
22' yellow zone, and replace with 22'
white zone - to extend south from north
property line.

10 31 KEARNY STREET - CHINATOWN CHILD DEVELOPMENT

CENTER

a) At 1031 Kearny Street, install a 44' white

zone, to extend south from north building

line - (revoke 44' from bus zone - O.K.
by Muni . )

550 BEALE STREET - U.S. POST OFFICE

a) At 550 Beale Street, revoke 75' green
zone (south of north building line.)

399 MAIN STREET - MARINE CORPS FREIGHT OFFICE

a) At 399 Main Street, revoke existing 40'
yellow zone.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

- 334 -

REVOKED

RESOLVED, that the recommendations of the
Traffic Bureau on the revocation of 216 feet of
yellow, red and green zones, at various parts of
the City at the locations submitted, be, and the
same are hereby approved.

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

RESOLUTION NO. 204-77

BRENDA LEE DAVIS

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Brenda
Lee Davis against the City and County of San Fran-
cisco in the sum of $35.50 as the result of a faulty
tow, be, and the same is hereby approved.

Date of Incident: July 15, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 205-77

MENES 0S0RI0

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Menes
Osorio against the City and County of San Francisco
in the sum of $232.17 as the result of damages sus-
tained, be, and the same is hereby approved.

Date of Incident: May 20, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 206-77

ROBERT B. JOHNSON AND HIS ATTORNEY ALAN KAUFMAN

RESOLVED, that the recommendation of the
City Attorney for settlement of litigation of Robert

- 335 -

B. Johnson in the sum of $250.00 in United States
District Court Action No. C-74-2437 WWS entitled,
"Robert B. Johnson, et al . , v. City and County of
San Francisco, et al.," as the result of damages
sustained, be, and the same is hereby approved.

Date of Incident: August 8, 1974

AYES: Commissioners Ciani, Gallegos, Hall.
Murphy, Siggins

RESOLUTION NO. 207-77

DANIEL E. KENNA AND HIS ATTORNEY
HAROLD SILEN

RESOLVED, that the recommendation of the
City Attorney for settlement of litigation of Daniel
E. Kenna in the sum of $370.00 in Municipal Court
Action No. 735-369 entitled "Daniel E. Kenna v.
City and County of San Francisco, etc., et al.,"
as the result of damages sustained, be, and the
same Is hereby approved.

Date of Incident: April 15, 1976

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RETIREMENT

A communication was received from the
Retirement Board officially notifying the Police
Commission of the retirement of Police Officer Daniel
P. Lynch, Northern Police Station, for industrial
disability, effective April 21, 1977.

The communication was ordered filed.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 208-77

RECOMMENDATION OF THE CHIEF OF POLICE FOR APPORVAL

OF TRAVEL EXPENSES INCURRED BY POLICE OFFICERS MICHAEL

CONWAY, CRIME SPECIFIC TASK FORCE AND JEREMIAH W.

- 336 -

MORGAN, MISSION POLICE STATION, AT AN EXPLOSIVE
ORDINANCE DISPOSAL TRAINING SCHOOL AT THE REDSTONE
ARSENAL, HUNTSVILLE, ALABAMA, FROM APRIL 3 1977
TO APRIL 22, 1977, INCLUSIVE.

WHEREAS, on the recommendation of the
Chief of Police, Police Officers Michael Conway
and Jeremiah W. Morgan received permission from
the Police Commission to attend an Explosive Ordi-
nance Disposal Training School at the Redstone
Arsenal, Huntsville, Alabama; and

WHEREAS, Police Officers Michael Conway
and Jeremiah W. Morgan did travel to Huntsville,
Alabama to attend the Training School from April
3,1977 to April 22,1977, inclusive; therefore be
it

RESOLVED, that expenses in the amount of
$33.55 incurred by Police Officer Michael Conway and
$33-50 incurred by Police Officer Jeremiah W. Morgan
while attending this training school will be defrayed
by the Police Department's Training Fund.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 209-77

RECOMMENDATION OF THE CHIEF OF POLICE FOR APPROVAL OF
TRAVEL EXPENSES INCURRED BY POLICE OFFICERS THOMAS
ARNOLD AND STEVEN SILVERS, CRIME SPECIFIC TASK FORCE,
AT A BOMB TECHNOLOGY TRAINING COURSE AT LIVERMORE,
CALIFORNIA, FROM APRIL 21, 1977 TO APRIL 23, 1977,
INCLUSIVE.

WHEREAS, on the recommendation of the Chief
of Police, Police Officers Thomas Arnold and Steven
Silvers, Crime Specific Task Force, received permi-
ssion from the Police Commission to attend a Bomb
Technology Training Course at Livermore, California;
and

WHEREAS, Police Officers Thomas Arnold and
Steven Silvers did travel to Livermore, California,
to attend this training course from April 21, 1977
to April 23, 1977, inclusive; therefore be It

RESOLVED, that expenses in the amount of
$117.50 each incurred by Police Officers Thomas
Arnold and Steven Silvers while attending this course
will be defrayed by the Police Department's Police
Officers' Training Fund.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

- 337 -

WEEKLY SICK REPORT

Chief of Police Charles R. Gain submitted
a report of members of the Department off duty due
to sickness and disability for the week ending Tues-
day, May 3, 1977 at 2400 hours:

PREVIOUS WEEK

Daily average for the week

sick 94 95

Daily average for the week

disabled 92 92

TOTALS 186 187

This is a decrease of one (1) member off duty daily
from the previous week.

Daily percentage for the week sick 4.38

Daily percentage for the week disabled 5. 52

TOTAL 9.90

Disabled at start of week 90

Started during week 19

Returned during week 15

Disabled at end of week 94

Net Gain or Loss +4

SICK AND DISABLED FOR WEEK ENDING SATURDAY, MAY 1,
1976 AT 2400 HOURS :

Daily average for the week sick 123

Daily average for the week disabled 48

TOTAL 171

Daily percentage for the week sick 7-02

Daily percentage for the week disabled 2 . 64

TOTAL 9.66

SICK AND DISABLED FOR WEEK ENDING TUESDAY, APRIL 12,
1977 AT 2400 HOURS:

Daily average for the week sick 95

Daily average for the week disabled 88

TOTAL 183

338 -

Daily percentage for the week sick
Daily percentage for the week disabled

TOTAL

5.33
4.57

9.90

The report was ordered filed.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

The Commission then adjourned its meeting,

SECFfETA

P4S

- 339

o

18 MAY 1977 Jy , REGULAR MEETING

The^olice Commission of the City and County
of Saja Francisco met in their chambers, Room 551, Hall
of Justice, 850 Bryant Street, on Wednesday, May 18,
1977 at 1730 hours, In regular session.

PRESENT: Commissioners Ciani, Gallegos, Murphy,
Siggins

L/Oot

ABSENT: Commissioner Hall

Commissioner Siggins presiding.

The members of the Commission, having been
furnished copies of the minutes of the meeting of April
13, 1977 and April 20, 1977, reading of same was dis-
pensed with and the minutes were approved.

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "Mr. President, Members of the Commission,
Lieutenant Frank Jordan is here tonight and with your
permission the report will consist of a brief status re-
port from Lieutenant Jordan who is the co-project direc-
tor of the Citizens Safety Project SAFE Program. He has
submitted his quarterly report copies of which will be
made available to the Commission. I would like to review
briefly where we are in this program. It has been quite
sometime since the Commission was given a status report
of accomplishments in that program and there have been
some very good accomplishments."

Lieutenant Frank Jordan: "Thank you, Chief. Mr. President,
Members of the Commission, as you know we are in the eighth
month now at the present time of our Citizens Safety Project
which has been renamed S.A.F.E., meaning safety word is for
everyone. The first eight months for zeroing in on the down-
town area, the Central, Southern, Northern, Mission and South-
east Stations, as we went for about four (4) months all of
a sudden we began to get into Title II Federal Funding to
cover our City Wide Project which now makes SAFE a nine dis-
trict wide, City Wide Project and thus for the benefit of
the audience, that safety project is citizens awareness and
citizen motivation. We want to join together with the police
department and the Criminal Justice System to allow us to-
gether to try to make inroads in crime reduction and try
to do things that are hard and fast within our project to
prevent crime. All nine districts now are functioning with

- 3^0 -

our project SAFE. Neighborhood offices are located in
seven of the nine at the present time. We did have one
delay with the Civil Service Commission over Hiring Prac-
tices, that dealing mainly with reclassification positions
that did not veer in just strictly on our particular jobs
the Neighborhood Coordinators, it was a city-wide classi-
fication and that has just in the last two weeks been,
cleared so we are now able to hire our last, ninth neigh- •
b.orhood coordinator for the Mission District. We have
already had a law enforcement assistance evaluation team
come in and look over what we are attempting to accomp-
lish and have gone out to neighborhood offices, they
have talked to district police stations they have talked
to community representatives, to individual police officers
and some of our administrative staff and they will be
evaluating what we are doing, how we are going about it
and the preliminary report we have now is that we feel
that we are somewhat ahead of schedule on some of the
projects that we have set for ourselves as a goal. We
have already in-service training for 36 different police
officers at the present time and we are finding that that
is not enough to cover all of the request for community
meetings that are taking place. As these neighborhood co-
ordinators are out canvassing the different districts we
are finding that more and more individual citizens are
asking for neighborhood block club meetings so we are
now developing a third in-service training session which
would mean three more days of 24 hours of in-service
training crime prevention for district patrol officers.
We have also felt that not all of the uniform force has
had an opportunity to really see in depth of what we are
intending to do with citizens involvement so we are plan-
ning at the present time with the Chief's permission, to
bring out the neighborhood coordinators of each of the
nine district stations, who will personally have them
talk to the Roll Call Watch as they fall in each of the
three Watches around the clock so that they will have an
opportunity to meet the Neighborhood Coordinators and
to get a chance to informally discuss what they are at-
tempting to do and get some feedback from the officers
and we can get a better understanding of what we are
both attempting to do. J. Walter Thompson, the public
advertising agency who has been very gracious to help us
in this project has already distributed some of the print
and some of the literature for us and evaluated and come
up with some modification on the kinds of flyers and leaf-
lets that we have now available throughout the city. Some
of them you have already in your file and they are deal-
ing basically with such things as how you organize neigh-
borhood block clubs. It makes the citizen feel a little
more relieved to not to have to take the responsibility
of what do I have to do to organize a block club. It tells
you right there of how that first initial meeting can take
place and what is to be expected. The second one is more
for the block captain who would be set up from that first
meeting, it gives the first, second and third phases of
the program and how we can implement it step by step. It
also shows one flyer here which makes it easier for the
neighborhood coordinator, except for having to write a
letter to each of the block people in the area, he or she
can just put down their name and their location the time
of the meeting, the place of the meeting and just slip
it underneath the door of the various homes and the var-
ious locations where the meetings might take place. It
simplifies the process so .that people don't feel that
they have to take too much time to try to put a letter
in writing and motivate someone to go to a meeting it
will all be done for the citizen. One thing here that

- 3^1

you will be seeing very shortly coming out In all of the
PG&E, Telephone and Water Bills is 700,000 stuffers, this
is again to just notify the public that SAFE is here in
San Francisco and we are asking for their involvement.
This should be coming out in the next three or four months.
Some times the billing does not go all at once maybe June
and July you get the entire billing from PG&E so within
the next three or four months we could have 700,000 of
these stuffers all over the city. The most recent flyer
that came out was Safety on the Street for Senior Citizens.
And vie have two more that are being developed at the pre-
sent time and should be out within ten days. One is a
16 page bulletin and booklet, just dealing with burglaries
of residences all of the different things that citizens
can do to reduce opportunities of possible targets. A
second thing that is also being developed at the same
time is another lengthy book, 14 pages long., dealing
with commercial establishments. It contains the anti-
burglary and robbery prevention type techniques that we
would like to implement for the merchants all over the
city. J. Walter Thompson also at the present time has
created a meeting which would be on next Tuesday, the
exact date is on May 27th, and we are cordially invit-
ing the Commission members to attend that meeting if at
all possible. The News Media will be there and that's
when we will be going through 10 and 30 second film clips
and some radio spot announcements that have been developed
by our teams and by the News Media through J. Walter Thomp-
son. We are going to show them there and have a public
release at that time and then we will have them for pub-
lic distribution and consumption all over the city."

Commissioner Murphy: "What time is that?"

Lieutenant Jordan: "That is at 10 o'clock in the morn-
ing, Tuesday, May 24th, and that will give you an oppor-
tunity also to see some of the areas of what we are doing
with J. Walter Thompson Public Advertising Agency, you
will have an opportunity to meet with most of their Staff
and you will have an opportunity to discuss exactly how
they are going to stay with the program for as long as
it's taking place in the city."

Commissioner Murphy: "Where will it be, will we get a
notice on it?"

Lieutenant Jordan: "What I will do, I will leave a notice
with the Commission Secretary, but it will be right at the
Alcoa Building at #1 Maritime Plaza on the fifth floor, so
I will leave a copy of all of that information for you with
the Commission Secretary. You will find that looking around
the neighborhoods in San Francisco we do have many many
block clubs functioning. They are extensive in every dis-
trict at the present time. And we are finding as I say that
we don't even have enough officers trained to cover the
needs for services and we are doing that by implementing
anotner in-service training session. We are also find-
ing that many of the officers in the patrol force are an-
xious to become part of this program and they are asking
for this in-service training. So vie see this as, hopefully,
the ultimate result will be to have all uniform patrol

- 3^2 -

officers in district stations trained in crime preven-
tion work 30 that they can do it every jingle da„ as
they go aoout their duties. So now I would just like
to open it up to you if you have some questions of a
particular nature that you would like to ask me, the
quarterly summary that I have given to you explaining
in detail what has been going on in the last three or
four months describes both the business community and
the nieghborhood organizations that we have contacted
and I am working with at the present time."

Commissioner Gallegos : "Do you plan to translate any
of this into bi-lingual materials?"

Lieutenant Jordan: "Yes, we definitely do. In the
Mission District we have our Neighborhhod Coordinator
working on putting all literature that is coming out
that you have before you now in Spanish. We are also
working on Spanish films that is the same mixture of
English that we are using now throughout the City.
The very same thing is taking place in Japan Town in
Japanese and in Chinatown in Chinese."

Commissioner Ciani: "I am curious about what the func-
tion is of the people who go through the in-service
training program. You have 36 officers who have taken
three days of training. What is their contribution to
the Block Club? Exactly what do they do as compared to
what the hired personnel do, the Neighborhood Organizers?"

Lieutenant Jordan: "Well, we do, we have the officers
trained 24 nours In depth in the crime prevention tech-
niques, security surveys of the homes, to know exactly
how the proper locking of the glass, the doors, the
alarms, whatever that might be needed to finish a secur-
ity survey check will go through the Community motiva-
tion: and what they will do, the officers themselves, the
main thrust for them is when they are not working on an
overtime basis through the grant they will attend that
meeting and spend possibly two to three hours working
at that .neighborhood talking to the merchants, talking
to the owners of the residences in crime prevention.
The civilians, their main function In the original phase
has been to canvas the communities to coordinate and drum
up business to get the people to come together to those
neighborhood meetings."

Commissioner Ciani: "It is also educational as far as
it is done by the officers."

Lieutenant Jordan: "It is a combination of both. It is
educational, yes, but it is also to give the community
an opportunity to talk to them and get an idea of just
what the police department is all about and iiow we func-
tion everyday on our job."

Commissioner Ciani: "And they do this on overtime?"

- 343 -

Lieutenant Jordan: "They do this on an overtime basis,

right. Occasionally they have this we're working

more and more now into neighborhood street fairs and
some of them are from eight to ten hours in duration.
Restoration .. .home restoration and modeling shows things
of this nature, we have found that certain days where
you have holidays where there are going to be street
fairs or town forums, we set up displays and have of-
ficers there with our Neighborhood Coordinators to go
through crime prevention techniques for the home aide."

Commissioner Ciani : "Are these officers equally dis-
tributed throughout the nine districts?"

Lieutenant Jordan: "Yes, the way we work that in in-
service training was to have two from each of the dis-
trict stations come in. We have nine stations, 18
officers and the second time around we had to do the
same thing for an additional 18 officers to make 36.
And in the third in-service training we will have another
18 officers two from each of the nine district stations."

Commissioner Ciani: "And do they perform individual se-
curity checks if an individual says he wants to have some-
one advise him about the peculiar problems of his. own
home?"

Lieutenant Jordan: "No, at this point Commissioner we

are not doing it quite that in depth yet because we find

that we just don't have the personnel to cover each in-
dividual home . "

Commissioner Ciani: "You mentioned that they were doing
security checks."

Lieutenant Jordan: "Well, how they will do that is that
we will set up a neighborhood block club. If some one
were to call in and ask for a security check at the home
we would then pursue it through our Neighborhood Coordinators
to have that individual set up a block club and that would
do it for 15 to 20 people in the block and do it once so
they can see what's needed in their block rather than have
to do each individual home because the personnel just isn't
there to do that."

Commissioner Murphy: "Were you the one that spoke to
the Pacific Heights Neighborhood Council the other eve-
ning at Presbyterian Medical Center?"

Lieutenant Jordan: "Oh, no, one of our officers did."

Commissioner Murphy: "They were very complimentary. I
couldn't be there that evening but I talked to some of
the members today and they were very complimentary saying
they did a marvelous job."

344 -

Lieutenant Jordan: "That's encouraging. I feel en-
couraged too at the amount and volume of calls coming
in from the various departments in San Francisco, all
stratas and all neighborhoods who are looking for block
club meetings . "

Commissioner Gallegos : "Is there any one particular
kind of assistance that citizens are asking for in
crimes against persons or against property or what seems
to be their particular ?"

Lieutenant Jordan: "We have found that each district
have peculiar problems to themselves in all different
neighborhoods and the one that seems to cross all bar-
riers in crimes seems to be burglaries. That is the
one that everybody is concerned about and usually that
is an open door policy to help us to get in we start
talking first about burglary and then we find out that
some areas are having a rash of auto thefts. Others
may have a high incidence of purse snatchings, others
may have some sort of strong arm robberies, so we try
to tie into their particular needs. We won't go in
with a set program other than just the guidelines and
then we will go into our neighborhood meetings and
start to break down what the real problem is that they
see and we will work together with our crash statistics
and their problem and try to work it out. One thing we
do not do, we don't guarantee that we've get the araswers
to everything. But we do reassure them that we are
there to help them and we want them to know that what-
ever we have available is for their service."

Commissioner Ciani : "I am wondering whether the Block
Clubs that they have started really keep going, do you
have any follow-up information about how the ones that
have been organized for a long time continued? Have they
had high attendance and continued to meet regularly?"

Lieutenant Jordan: "That is part of our evaluation pro-
cess too Commissioner and the way it is working now, is
that we are finding usually after the first meeting maybe
20, 22 people show up. the second meeting you may find 40
to 45, so we are asking them not to expand it too strongly
because it would not get that personal approach if it gets
too big, too unwieldily, so we are finding that the need
is there and they are staying with the program."

Commissioner Ciani: "After 3 or 4 meetings do they then
feel that they hSive gotten all that they can from it and
dees it start to fall apart? I can see that there would
be expansion initially but at some point does it start
to fall off?"

Lieutenant Jordan: "Well v>e have not found that point
yet but we do encourage the neighbors that the crime
problem was the catalyst to get them together and then
they should also now that they have seen that they can
do something about it, reluctantly, look at other pro-
blems in the neighborhood. Possibly the streets need
repair, maybe the schools aren't functioning properly

- 3^5 -

or there may be improper lighting in the area and they
stay with that neighborhood group and work on those
subjects as well and we just go in without having to
run the meeting, we go in with an officer from the dis-
trict station to give an update on the crime problems
and see how they handle that."

Commissioner Gallegos : "I was just looking at the or-
ganizations that you are working with, many of these
are familiar to me and I can see that you are reaching
a great cross section."

Lieutenant Jordan: "We have names, addresses, phone
numbers, contacts of all of those people we just put
down the affiliations. We contact them ourselves per-
iodically just to update what we are doing so that we
can maintain contact . "

Commissioner Siggins : "Well, we haven't heard anything
bad about the program and we are delighted with the way
you have been handling it Lieutenant Jordan and we want
to thank you very much for this report. "

Commissioner Gallegos: "Chief, I had a question regard-
ing the Muni-Safety Project, what is the status of that?"

Chief Gain: "We are just waiting now for all the nec-
essary contracts to be signed we are hiring the muni
security guards, that's in process, the CETA funded posi-
tions. The vehicles are on order, some seven vehicles,
so it is all proceeding now it is a matter of hiring and
getting some federal money and getting all of that con-
summated then it will go full bore."

Commissioner Murphy: "And how much training do they
receive after we get them hired?"

Chief Gain: "Six to eight weeks."

Commissioner Murphy: "So it will be at least three
months before we

1!

Chief Gain: "Yes. Of course we do have this ongoing Muni
Security Program."

Commissioner Murphy: "About how many do we have on that
now?"

Chief Gain: "Well, it is over 50 I have forgotten the exact
number, eventually of course it will be 103 CETA Muni Security
Officers, I think 6 Police Officers, 2 Sergeants and a Lieu-
tenant. So it is going to be a substantial force when
everyone is hired."

- 3^6 -

Commissioner Gallegos : "When would you expect the pro-
gram to actually get started, before summer?"

Chief Gain: "Hopefully mid-summer."

Commissioner Gallegos: "It will be a 12 month project?"

Chief Gain: "Yes, of course, we assume CETA funding will
be continued and therefore it would be a continuing pro-
gram. "

TRANSFER OF JITNEY BUS PERMIT - APPROVED

The matter of the
erate a jitney bus by the fol
it having been advertised in
cordance with the provisions
Tne transferor and transferee
not represented by counsel,
transfer of whatever:-" right ,
within named transferor might
bus to thei within-named trans
gent upon the transferee fili
the appropriate bond and/or i
by the Police Code:

transfer of
lowing-named
the official
of ordinance
appeared in
The Commiss
title or int
have to ope
feree; said
ng with the
nsurance pol

the right to op-
person was called,
newspaper in ac-
applying thereto,
person and were
ion approved the
erest that the
rate a jitney
approval contin-
Police Commission
icy as provided

TRANSFEROR

Ben Yee

162 Bellevue Avenue

Daly City, California

Route: Mission Street

TRANSFEREE

NO. OF PERMITS

Lau Chi Hang 1

123-12th Avenue

San Francisco, California

Ferry to Sickles Avenue

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING

Commissioner Hall

REQUEST OF MR. ED JUNG TO DISCUSS WITH THE POLICE COMMISSION
SECTION 1165.1 OF THE POLICE CODE. (CONTINUED FROM THE MEET-
ING OF APRIL 6, 1977.)

Former Police
presenting Mr
since the las
West Germany.,
somebody that
ued by saying
a rickshaw no
thing even wh
stopped makin

Sergeant Dave Roche,

. Edward Jung, stated

t meeting is that Mr.

England, Taiwan and

will make a motorize

the far east is out

w is invariably consi

en using a motorcycle

g them. He stated al

now an attorney re
that what had happened
Jung has contacted
Indonesia trying to find
d Rickshaw. He contin-
because in the far east
dered a very degrading

and they have completely
so that England and West

3*»7 -

Germany doesn't make them anymore, so, what lie and Mr.
Jung is asking for tonight is a re-defining of Rick-
shaw. He then presented a draft of the legislation
which amends the appropriate section of the Municipal
Police Code and stated that the only changes that has
been made in this draft and the previous draft is the
definition of Rickshaw. He said what he was asking ; s
that Mr. Jung be allowed to purchase Volkswagen Con-
vertibles because that is what they are actually de-
fining. He stated that Mr. Jung could take the VW de-
signs off and replace them with dragon signs. He said,
traditionally the Rickshaw has a canvas hood over the
back to give it an oriental flavor and there is no
danger of this ever becoming a taxi cab because the
rate structure is set up by the City Attorney and is
entirely different from the rate structure of taxi cabs,
He stated that he was asking the Commission to approve
the amendment so it can be transmitted to the City
Attorney's Office for his approval and then for trans-
mittal to the Board of Supervisors. Further discussion
was held on the matter after which the following reso-
lution was adopted:

RESOLUTION NO. 2 35-77

AMENDING PART II, CHAPTER VIII, SAN FRANCISCO MUNICIPAL
CODE BY ADDING THERETO SECTION 1165.1, DEFINING MOTORIZED
RICKSHAW: BY ADDING THERETO SECTION 1079.1, THEREOF EXEMPT-
ING MOTORIZED RICKSHAWS FROM CONTINUOUS OPERATION: ADDING
THERETO SECTION 1135.2, PROVIDING FOR RATES OF MOTORIZED
RICKSHAWS BY ADDING THERETO SECTION 1182 THEREOF PROVIDING
FOR REGULATION OF MOTORIZED RICKSHAWS AND ADDING THERETO
SECION 1182.1, PROVIDING FOR A GRANDFATHER CLAUSE.

RESOLVED
and they are hereb
VIII, San' Franc isc
Section 1165.1, de
tnereto Section 10
shaws from continu
1135.2, providing
adding thereto Sec
lation of motorize
1182.1, providing

that the Board of Supervisors, be

y requested to Amend Part I
o Municipal Code by adding
fining motorized Rickshaws;
79.1, thereof exempting mot
ous operation; adding there
for rates of motorized rick
tion 1182 thereof, providin
d rickshaws and adding ther
for a Grandfather Clause, a

I, Chapter
thereto

by adding
orized rick
to Section
shaws by
g for regu-
eto Section
s follows:

AMENDING PART II, CHAPTER VIII, SAN FRANCISCO MUNICIPAL
CODE BY ADDING THERETO SECTION II65.I, DEFINING MOTORIZED
RICKSHAW: BY ADDING THERETO SECTION 1079-1, THEREOF EX-
EMPTING MOTORIZED RICKSHAWS FROM CONTINUOUS OPERATION;
ADDING THERETO SECTION 1135.2, PROVIDING FOR RATES OF
MOTORIZED RICKSHAWS BY ADDING THERETO SECTION 1182 THEREOF
PROVIDING FOR REGULATION OF MOTORIZED RICKSHAWS AND ADDING
THERETO SECTION 1182.1, PROVIDING FOR A GRANDFATHER CLAUSE

Be it ordained by the People of the City and County of

- 348 -

San Francisco:

Section I, Part II, Chapter VIII, San Francisco
Municipal Code (Police Code), is hereby amended by
amending Section 1165-1, Section 1079.1, Section 1135.4,
Section 1182 and Section 1182.1 thereof, to read as
follows :

1165.1 MOTORIZED RICKSHAW DEFINED

A motorized rickshaw is a motor vehicle having three
or four wheels, convertible type, designed to carry not
more than four passengers. The gross weight of a motorized
rickshaw shall not exceed 4700 pounds., unloaded, and shall
have a wheel base not to exceed 95 inches, and shall have
an engine not to exceed four cylinders. The rickshaw shall,
have a cloth hood over the real seating area that shall
resemble the hood of a traditional oriental jinrickshaw.

1079.1 EXEMPTION FOR MOTORIZED RICKSHAW

Notwithstanding the provisions of Section 1079 of
this Article the Police Commission is authorized to
allow the Permittee of a motorized rickshaw or motorized
rickshaws to suspend operation during those times, when
in the judgment of the Police Commission, public convenience
and necessity would not suffer. In making such determin-
ation, the Police Commission may consider the average weather
conditions during such period of suspended operation and
the availability of tourists wishing to use the services
offered by the motorized rickshaw.

1135.4 RATES FOR MOTORIZED RICKSHAWS

The rates of fare for motorized rickshaw shall be
as follows:

On a time basis, not more than $12.50 for the first
hour or fraction thereof, and $12.50 for each succeeding
half hour or fraction thereof. For each additional

- 3^9 -

passenger above two, nor more than $6.25 per passenger,
for the first half hour and each succeeding half hour.

On a mileage basis, not more than $1.00 for the
first mile or fraction thereof, and 50 cents for each
additional half mile or fraction thereof.

Said rates as to time or mileage shall be computed
from the time and place that said rickshaw was dispatched
to the passenger until it is returned to the point of
origin.

Drivers of motorized rickshaws shall complete an
accurate waybill specifically setting forth the time of
hire and discharge, the number of passengers, the origin
and destination, and the charges authorized and made for
each trip.

1182 REGULATION OF MOTORIZED RICKSHAWS

Motorized rickshaws shall be required to confirm to
all the provisions of this Article applicable to motor
vehicles for hire, except for those provisions which by
their very nature can have no application.

1182.1 PRIOR PERMITS, EXCEPTIONS

Permits heretofore issued by the Police Commission,

restricted to motorized rickshaws shall continue in effect

APPROVED AS TO FORM: APPROVED:

THOMAS M. O'CONNOR THE POLICE COMMISSION

City Attorney

DPEUTY CITY ATTORNEY SECRETARY

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 237-77

HEARING OF POLICE OFFICER ROBERT RODRIGUEZ, BUREAU OF
SPECIAL SERVICES.

WHEREAS, the hearing of Police Officer Robert

- 350 -

Rodriguez was called, It having been set for this date
and

WHEREAS, Mr. Stephen Bruce Bley, Attorney at
Law, who is representing Police Officer Robert Rodriguez,
has requested a continuance of this matter as the case
is still pending before the Courts; therefore be it

RESOLVED, that the date for the hearing of the
disciplinary charges filed against Police Officer Robert
Rodriguez is set for Wednesday, June 15, 1977 at 5:30
p.m., in Room 551, Hall of Justice.

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 238-77

HEARING OF POLICE OFFICER CRAIG PIRO, BUREAU OF SPECIAL
SERVICES

WHEREAS, the hearing of Police Officer Craig
Piro was called, it having been set for this date; and

WHEREAS, Mr. Stephen Bruce Bley, Attorney at
Law, who is representing Police Officer Craig Piro, has
requested a continuance of this matter as the case is
still pending oefore the Courts; therefore be it

RESOLVED, that the date for the hearing of
the disciplinary charges filed against Police Officer
Craig Piro is set for Wednesday, June 15, 1977 at 5:30
p.m., in Room 551, Hall of Justice.

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

AMENDING CHAPTER 1, SAN FRANCISCO ADMINISTRATIVE CODE,
BY ADDING SECTION 1.24 THERETO, RELATING TO A HOLD
HARMLESS AGREEMENT WITH THE U.S. ARMY AND NAVY .

Chief Gain: "Mr. President, as you know we are using

facilities owned by the Navy at Treasure Island for

our recruit training and what is required by the Federal

351

Authorities is a 'hold harmless' clause so what we are
asking is that the Commisson by resolution send the
proposed document to the Board of Supervisors so that
they can pass it."

RESOLUTION NO. 236-77

HOLD HARMLESS AGREEMENT WITH THE U.S. ARMY AND U. S. NAVY

WHEREAS, the United States Army and United
States Navy, have training facilities available which
could be used by the San Francisco Police Department;
and

WHEREAS, the areas of Crissy Field and a
portion .of Treasure Island have been offered to the
San Francisco Police Department for use in the train-
ing of recruits and field training officers; and

WHEREAS, the respective agencies have requested
a Hold Harmless Agreement to be entered into on behalf
of the City and County of San Francisco; therefore be
it

RESOLVED, that the following proposed ordinance
which provides for a Hold Harmless Agreement between the
San Francisco Police Commission and the United States
Army and Navy for the use of training facilities at Crissy
Field and Treasure Island is hereby transmitted to the
Board of Supervisors for adoption.

AMENDING CHAPTER 1, SAN FRANCISCO ADMINISTRATIVE CODE,

BY ADDING SECTION 1.24' THERETO, RELATING TO A HOLD HARMLESS

AGREEMENT WITH U.S. ARMY AND NAVY.

Be it ordained by the People of the City and County of San

Francisco :

Section 1. Chapter 1, San Francisco Administrative Code,

is hereby amended by adding Section 1.24 thereto, reading

as follows:

Section 1.24. Hold Harmless Agreement with U.S. Army and
Navy

The Police Commission is hereby authorized to enter into a

Hold Harmless Agreement with the United States Army and with

the United States Navy for the purpose of obtaining training

facilities for the police department's recruit training program

and the field training officers' program. The agreement shall

- 352 -

be for facilities at Crissy Field with respect to the
Army and at Treasure Island with respect to the Navy.
Copies of which are on file with the Clerk of the Board
of Supervisors in file number

APPROVED AS TO FORM: APPROVED:

THOMAS M. O'CONNOR THE POLICE COMMISSION

City Attorney

DEPUTY CITY ATTORNEY SECRETARY

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

Commissioner Gallegos: "On the matter of visits, this
is just a piece of Information, Commissioner Siggins
and I had the opportunity to visit the Salvation Army's
Detoxification Center through Officer Devine and we were
very very pleasantly surprised to find the change in the
kind of services the Salvation Army gave as a very im-
portant part in helping alcoholics here in San Francisco.
When I went there I thought we were going to see the
usual soup and salvation program but as it turned out
they have a superb detoxification program. It means
that the Salvation Army is not in the soup line feeding
program it is involved in doing a more positive program
and I really appreciate Officer Devine lining it up for
us because I think it is important that when we think
in terms of police services a lot of problems are just
public health problems as much as they are problems of
crime and I think that unfortunately a lot of responsi-
bility is placed on the shoulders of the police department
that really ought to be a service that is dealth with
medically or some other way. But anyway we are very
happy that we had a chance to see that. I also want to
report that I had an opportunity to visit the St. Louis
Police Department recently and had a chance to see their
Internal Affairs Bureau in operation and I was very im-
pressed ivith the way they conduct their affairs. I
brought backsome of the material which I shared with the
Chief and maybe some can be circulated to you, rny fellow
Commissioners . "

Commissioner Ciani: "Regarding the detoxification center
at the Salvation Army, how dues that relate to MAP? We
had some discussion once before about the fact that this
MAP program only has something like 12 beds available and
this is far less than the number that is needed. Is this
Salvation Army Program something that supplements MAP, or
is it something different?"

Officer Devine: "Commissioner, I believe they have some-
thing like 37 beds available every day and those are filled

353 -

by noon. MAP will go and pickup a public inebriate off
the street or sidewalk and have no place to put him.
But the Salvation Army is included in the number of
beds that are available."

Commissioner Ciani: "So what is the total number of beds
available on a daily basis? Do they turn them over on a
36 hour, 48 hour basis or something like that?"

Officer Devine : "I believe there is 52 beds available
in the City right now, they closed down two centers on
account of budget . "

Commissioner Ciani: "There is 52 total and they turn
over every 24 and 4 8 hours so there would be about half
that number available a day, and when those are filled
it is the overflow number that has to be booked?"

Officer Devine: "Right

PUBLIC HEARING TO DETERMINE IP PUBLIC CONVENIENCE AND
NECESSITY EXISTS FOR THE ISSUANCE OP TEN (10) SIGHT-
SEEING BUS PERMITS. (APPLICANT: SAN FRANCISCO HOSTS,
INC. )

The matter of the application of San Francisco Hosts, Inc
for new Certificates of Public Convenience and Necessity
for the operation of Sightseeing Bus Permits was called,
the application having been advertised in the official
newspaper in accordance with the provisions of ordinance
applying thereto.

Mr. Alexander Anolik, Attorney at Law, representing San
Francisco Hosts, Inc., gave a brief summary on how S. F.
Hosts, Inc., plans to operate if granted those permits
they have requested. He then introduced the following
persons each of who gave an overview of current operations
and proposed operations :

Mr. Joseph Flood, Executive Vice President, San Francisco

Hosts, Inc.

Ms. Irene Vasquez, Receptive Operator, San Francisco Hosts,

Inc .

Mr. Wayne Caulfield, Attorney and Associate to Mr. Anolik.

Other Speakers

Mr. Gary Greenfield, Attorney representing Mr. Favid
Gilmartin, applicant for 15 Sightseeing Bus Permits.

Mr. James Mulpeters, President, Grayline, Inc.

After hearing the testimony of all parties concerned, the
Commission took the matter under advisement.

354 -

RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED -

RESOLVED, that the recommendations of the

Traffic Bureau on the installation of zoning for the

regulation of traffic on the public streets, be, and
the same are hereby approved.

801 - 24th STREET - (FORMERLY CLEVELAND WRECKING CO.)

a) At 801 - 24th Street, revoke existing 66'

yellow zone (14' - 80' west of Third Street.)

51 HARLOW STREET - EVERETT JR. HIGH SCHOOL

a) At 51 Harlow Street, revoke existing 22'
yellow zone, (22' - 44' south of Church.)

240 SHIPLEY STREET - HOTEL OWNERS LAUNDRY, INC

a) At 240 Shipley Street, install a 44'
yellow zone, to extend from 6' - 50'
east of Falmouth Alley.

1645 JUDAH STREET - LLOYD L. PENN, M.D

a) At 1645 Judah Street, revoke existing 22'

white zone - (39' - 6lT east of 22nd Ave.)

541 OCTAVIA STREET - (FORMERLY B & B CLUB)

a) At 541 Octavia Street - revoke existing 30'
yellow zone - (6' - 36' north of Ivy Street)

501 OCTAVIA STREET - (FORMERLY MARKET & LIQUER STORE)

a) At 501 Octavia Street revoke existing 40'
yellow zone - (11' - 51' north of Hayes.)

3177 MISSION STREET - MANILA GROCERY

a) At 3177 Mission Street - revoke existing 22'
yellow zone - (from 1' - 23' south of Powers
Street . )

2 TEHAMA STREET - TRAVELAIRE LUGGAGE

a) At #2 Tehama Street, revoke existing 31' yell

zone, and install 31' green zone, to extend from

- 355 -

12' - 43' west of east property line

AYES: Commissioners Ciani, Gallegos, Murphy
Siggins

NOT VOTING: Commissioner Hall

REVOKED

RESOLVED, that the recommendation of the
Traffic Bureau on the revocation of 233 feet of yellow
and white zones at the parts of the City at the loca-
tions submitted, be, and the same are hereby approved.

AYES: Commissioners Caini, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 211-77

ADRIAN BURNS

RESOLVED, that the recommendation of the City
Attorney for settlement of the claim of Adrian Burns
against the City and County of San Francisco in the sum
of $38.00 as the result of damages sustained, be, and
the same is hereby approved.

Date of Incident: January 14, 1977

AYES: Commissioners Ciani, Gallegos, Murphy
Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 212-77

ROBERT L. BYRD

RESOLVED, that the recommendation of the C"
Attorney for .settlement of the claim of Robert . yrd
against the City and County of San Francisco in the sum
of $38.50 as the result of a faulty tow, be, and the same
is hereby approved.

Date of Incident: December 15, 1976

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

356

RESOLUTION NO. 213-77

ELIZABETH ANN DOWNING

RESOLVED, that the recommendation of the City
Attorney for the settlement of the claim of Elizabeth
Ann Downing against the City and County of San Francisco
in the sum of $22.00 as the result of a faulty tow, be,
and the same is hereby approved.

Date of Incident: September 27, 1976

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 214-77

LORRAINE FISHER

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Lorraine
Fisher against the City and County of San Francisco
in the sum of $18.00 as the result of a faulty tow,
be, and the same is hereby approved.

Date of Incident: November 16, 1976

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 215-77

EDWARD GILLIAM

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Edward
Gilliam against the City and County of San Francisco
in the sum of $18.00 as the result of a faulty tow,
be, and the same is hereby approved.

Dat eof Incident: March 17, 1977

AYES: Commissioners- Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

357 -

RESOLUTION NO. 216-77

MARK JACOBS

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Hark
Jacoos against the City and County of San Francisco
in the sum of $18.00 as the result of a faulty tow.,
be, and the same is hereby approved.

Date' of Incident: November 6, 1976

AYES; Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: . Commissioner Hall

RESOLUTION NO. 217-77

JOHN V. JOHNSON

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of John V.
Johnson against the City and County of San Francisco
in the sum of $20.50 as the result of a faulty tow, be
and the same is hereby approved..

Date of Incident: January 5, 1977

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 218-77

MARILYN MERCUR

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Marilyn
Mercur against the City and County of San Francisco
in the sum of $22.00 as the result of a faulty two,
be, and the same is hereby approved.

Date of Incident : September 21, 1976

AYES: Commissioners Ciani, Gallegos, Mur
Siggins

NOT VOTING: Commissioner Hall

- 358 -

RESOLUTION NO. 219-77

LELAND S. PHELPS

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Leland
S. Phelps against the City and County of San Francisco
in the sum of $21.00 as the result of a faulty tow, be,
and the same is hereby approved.

Date of Incident: December 22, 1976

AYES: Commissioners Ciani, Gallegos, Murphy
Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 220-77

JUAN ROSENDO

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Juan
Rosendo against the City and County of San Francisco
in the sum of $20.00 as the result of a faulty tow,
be, and the same is hereby approved.

Date of Incident: October 31, 1976

AYES: Commissioners Ciani, Gallegos, Murphy
Siesins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 221-77

ROBERT J. SHEPPARD

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Robert J.
Sheppard against the City and County of San Francisco
in the sum of $22.00 as the result of a faulty tow, be,
and the same is hereby approved.

Date of Incident: November 6, 1976

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

- 3

RESOLUTION NO. 222-77
THOMAS H. & LORRAINE E. VOSS

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Thomas
H. and Lorraine E. Voss against the City and County
of San Francisco in the sum of $40.50 as the result
of a faulty tow, be, and the same is hereby approved

Date of Incident: October 27, 1976

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 223-77
LULU DAVIS

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Lulu
Davis against the City and County of San Francisco
in the sum of $28.49 as the result of damages sus-
tained, be, and the same is hereby approved.

Date of Incident: January 23, 1977

AYES: Commissioners Ciani, Gallegos, Murphy
Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 224-77

CALIFORNIA STATE AUTO ASSOCIATION
(MARTIN PULICH)

RESOLVED, that the recommendation of the
City Attorney "'for settlement of the claim of California
State Auto Association (Mart la Pulich) against the City
and County of San Francisco in the sum of $293.19 as the
result of a collision with a police vehicle, be, and the
same is hereby approved.

Date of Accident: September 10, 1976

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

- 360

RESOLUTION NO. 225-77
JOHN E. CORNEY

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of John
E. Corney against the City and County of San Francisco
in the sum of $228.96 as the result of a collision
with a police vehicle, be, and the same is hereby
approved.

Date of Accident: January 30, 1977

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 226-77

NATIONWIDE INSURANCE (ARTHUR AUSTIN)

RESOLVED, that the recommendation of the
City Attoney for settlement of the claim of Nationwide
Insurance (Arthur Austin) against the City and County
of San Francisco in the sum of $81.00 as the result of
a collision with a police vehicle, be, and the same is
hereby approved.

Date of Accident: May 3, 1976

AYES: Commissioners Ciani, Gallegos, Murphy
Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 227-77

ALBERT SAMUELS

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Albert
Samuels against the City and County of San Francisco
in the sum of $64.99 as the result of a collision with
a police vehicle, be, and the same Is hereby approved.

Date of Accident: December 8, 1976

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

- 361

RESOLUTION NO. 228-77
NORA S. YEE

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Nora S.
Yee against the City and County of San Francisco in
the sum of $67-30 as the result of a collision with
a police vehicle, be, and the same is hereby approved

Date of Accident: September 12, 1976

AYES: Commissioners Ciani, Gallegos, Murphy
Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 229-77
MICHAEL GARCIA

RESOLVED, that the recommendation of the
City Attorney for settlement of Small Claims Court
Judgment by Superior Court Action No. SCA 13187 in
the sum of $327.00 as the result of damages sustained
be, and the same is hereby approved.

Date of Incident: October 30, 197^

AYES: Commissioners Ciani, Gallegos, Murphy.
Siggins

NOT VOTING: Commissioner Hall

RETIREMENTS:

Communications were received from the Retirement
Board officially notifying the Police Commission of the re
tirement of the following-named members of the Police De-
partment :

a) Sergeant Kenneth Barton, Park Police Station,
for service, effective May 1, 1977-

b) Sergeant Robert T. Flynu, Southern Police Station,
for service, effective ^pril 27, 1977-

c) Inspector Francis J. Mahoney, Bureau of Inspectors,
for service, effective May 1, 1977-

- 362 -

) Inspector Joseph A. Mendiola, Juvenile Bureau
for service, effective May 11, 1977.

e) Assistant Inspector Daniel J. Mahoney , Bureau
of Inspectors, for service, effective Mav 1.
1977.

f) Police Officer David A. Utter, Central Police
Station, for service, effective May 8, 1977.

The Communications were ordered filed.

AYES: Commissioners Ciani, Gallegos, Murphy
Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 230-77
POLICE NARCOTIC FUND

RESOLVED, that the Controller be, and he is
hereby requested to draw a voucher in favor of Chief of
Police Charles R. Gain in the amount of $4,000 charging
same to appropriation no. 6 . 161 . 890 . 050 as an advance
on the Police Narcotic Fund for the month of May, 1977.

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 231-77

POLICE CONTINGENT FUND

RESOLVED, that the Controller be, and he is

hereby requested to draw a voucher in favor of Chief of
Police Charles R. Gain in the amount of $3,000 charging

same to appropriation no. 6 . l6l . 890 . 000 as an advance

on the Police Contingent Fund for the month of May, 1977

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

- 36 3 -

RESOLUTION NO. 232-77

LEAVE OF ABSENCE WITHOUT PAY PENDING HEARING OF CHARGES-
APPROVED.

WHEREAS, Police Officer Craig S. Piro, Bureau
of Special Services, was suspended without pay effective
at 1600 hours, Tuesday, April 12,1977, pending hearing
of the charges before the Police Commission; and

WHEREAS, Police Officer Craig S. Piro has re-
quested a Leave of Absence Without Pay pending hearing
of charges before the Police Commission; therefore be it

RESOLVED, that Police Officer Craig S. Piro,
Bureau of Special Services, be placed on a Leave of
Absence Without Pay at his request for a period of
ninety (90) days commencing May 12, 1977, until his
hearing is held before the Police Commission.

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

RESOLUTION NO. 233-77

LEAVE OF ABSENCE WITHOUT PAY PENDING HEARING OF CHARGES-
APPROVED

WHEREAS, Police Officer Robert J. Rodriguez,
Bureau of Special Services, was suspended without pay
effective at 1600 hours, Tuesday, April 12, 1977, pending
hearing of the charges before the Police Commission; and

WHEREAS, Police Officer Robert J. Rodriguez
has requested a Leave of Absence Without Pay pending
hearing of charges before the Police Commission; there-
fore be it

RESOLVED, that Police Officer Robert J. Rodriguez,
Bureau of Special Services, be placed on a Leave of Absence
Without Pay at his request for a period of ninety (90) days
commencing May 12, 1977, until his hearing is held before
the Police Commission.

AYES: Commissioners Ciani, Gallegos, Murphy
Siggins

NOT VOTING: Commissioner Hall

- 364

TRAVELING EXPENSE VOUCHER - APPROVED

RESOLVED, that the Traveling Expense Voucher
submitted for twenty-five members of the Police Depart-
ment for expenses incurred in attending the below-in-
dicated program; said expenses having been approved
by the Chief of Police, be, and the same is hereby
approved :

Attendance of Twenty-five ) $36,050 (Retreat Facility,
field training officers at) (Watsonville ,

five forty-hours seminars.) (California.

AYES: Commissioners Ciani, Gallegos, Murphy
Siggins

NOT VOTING: Commissioner Hall

WEEKLY SICK REPORT

Chief of Police Charles R. Gain, submitted
a report of members of the Department off duty due to
sickness and disability for the week ending Tuesday,
May 10, 1977 at 2400 hours, as follows:

PREVIOUS WEEK

Daily average for the week sick 94 92

Daily average for the week dis-
abled 100 9_4

TOTALS 19^ 186

This is an increase of eight (8) members off duty daily
from the previous week.

Daily percentage for the week sick 4.79

Daily percentage for the week disabled 5-64

TOTAL 10.43

Disabled at start of week 93

Started during the week 14

Returned during the week 13

Disabled at the end of the week 94

Net Gain or Loss +1

SICK AND DISABLED FOR WEEK ENDING SATURDAY, MAY 8, 19 7 <
AT 2400 HOURS:

44

Daily average for the week sick
Daily average for the week disabled 120

TOTAL 164

- 365 -

Daily percentage for the week sick 2.40

Daily percentage for the week disabled 6 .84

TOTAL 9-2 4

SICK AND DISABLED FOR THE WEEK ENDING TUESDAY, APRIL
19, 1977 AT 2400 HOURS:

Daily average for the week sick 89

Daily average for the week disabled 95

TOTAL 184

Daily percentage for the week sick 4.17

Daily percentage for the week disabled 5 • 75

TOTAL 9-92

The report was .ordered filed.

AYES: Commissioners Ciani, Gallegos, Murphy
Siggins

NOT VOTING: Commissioner Hall

The Commission then adjourned its meeting.

- 366 -

2^ MAY 1977 ^ J^J^ REGULAR MEETING

Ths-^Police Commission of the City and County
of^^an Francisco met in their chambers, Room 551, Hall
of Justice, 850 Bryant Street, on Wednesday, May 25,
1977 at 1730 hours in regular session.

PRESENT: Commissioners Ciani, Hall, Murphy, Siggins

ABSENT: Commissioner Gallegos

Commissioner Siggins presiding.

The members of the Commission, having been
furnished copies of the minutes of the meeting of April
27, 1977, reading of same was dispensed with and the
minutes were approved.

AYES: Commissioners Ciani, Hall, Murphy, Siggins
NOT VOTING: Commissioner Gallegos

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain after having been asked questions on an
expense voucher submitted by Sergeant Bill Taylor,
Internal Affairs Bureau, stated that the Sergeant went
to Fort McClellan, Alabama. He stated that the round
trip air fare was $290.00 dollars, local travel $15.00
dollars, subsistence lodging and meals $210 dollars,
and cost of tuition was $246 dollars, ivhich rounded
out to a total cost of $84l dollars. The Police Com-
mission in Resolution No. 150-77 had given permission
to Sergeant Taylor to attend a Polygraph Examiner Train-
ing Course at Fort McClellan, Alabama, from April 10,
1977 to April 29, 1977. Chief Gain then stated that
he just wanted the Commission to know that the Department
endeavors to be responsive to Commission inquiries.

RESOLUTION NO. 239-77

PATROL SPECIAL OFFICER KENT BRANDT - REVOKED

RESOLVED, that the appointment of Kent Brandt
for Beats Nos. 8 and 23, Southern Police District, be,
and the same are hereby revoked effective May 25, 1977,
he having sold his beats to Patrol Special Officer Robert
J. Hart.

AYES: Commissioners Ciani, Hall, Murphy, Siggins
NOT VOTING: Commissioner Gallegos

- 367 -

RESOLUTION NO. 240-77

PATROL SPECIAL OFFICER ROBERT J. HART -APPROVED

RESOLVED, that Robert J. Hart, be, and he is
hereby appointed Patrol Special Officer for Beats Nos.
8 and 23, Southern Police District ; said appointment
effective May 25, 1977, he having purchased Beats Nos.
8 and 23, Southern Police District, from Kent Brandt.

AYES: Commissioners Ciani, Hall, Murphy, Siggins

NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 246-77

INSPECTOR RONALD LIMNEOS, JUVENILE BUREAU, - CONTINUED
OFF CALENDAR.

WHEREAS, on Wednesday, May 25, 1977, Charles
R. Gain, Chief of Police, made and served charges against
Inspector Ronald Limneos, reading as follows:

SPECIFICATION NO. 1 _

Failure to truthfully and without
evasion answer questions propounded
by persons having authority to conduct
such an investigation. (Villation of Rule
2.49 of the Rules and Procedures of the
San Francisco Police Department.)

SPECIFICATION NO

The unlawful taking of money and pro-
perty. (Violation of Rule 2.13 of the
Rules and Procedures of the San Francisco
Police Department.)

SPECIFICATION NO

Unlawful furnishing of a Controlled
Substance to unauthorized persons.
(Violation of Rule 2.13 of the Rules
and Procedures of the San Francisco
Police Department.)

SPECIFICATION NO. 4

Failure to make proper police report
(Violation of Rule 3.83 of the Rules
and Procedures of the San Francisco
Police Department.)

- 368 -

and

WHEREAS, the Police Commission set Wednesday,
May 25, 1977, as the date for the hearing on charges
filed against Inspector Ronald Limneos; and

WHEREAS, Chief of Police Charles R. Gain,
announced that the Police Department was in receipt
of the resignation of Inspector Ronald Limneos from
the San Francisco Police Department; said resignation
effective May 9, 1977, which resignation was accepted
with the condition that the services of Inspector Ronald
Limneos have been unsatisfactory and that he does not
resign in good standing; therefore be it

RESOLVED, that the charges of violating the
Rules and Procedures of the San Francisco Police De-
partment' filed against Inspector Ronald Limneos, be,
and the same are hereby continued off calendar.

AYES: Commissioners Ciani, Hall, Murphy, Siggins
NOT VOTING: Commissioner Gallegos

PUBLIC HEARING TO DETERMINE IF PUBLIC CONVENIENCE AND
NECESSITY EXISTS FOR THE ISSUANCE OF FIFTEEN (15)
SIGHTSEEING BUS PERMITS. APPLICANT: DAVID F. GILMARTIN,
(CONTINUED FROM MEETING OF MAY 11, 1977.) - CONTINUED.

The matter of the hearing on Mr. David F. Gilmartin's
application for Certificates of Public Convenience and
Necessity for the operation of 15 sightseeing bus per-
mits was called, it having been continued from the meet
ing of May 11, 1977-

Mr. Craig McAtee, Attorney, appeared in behalf of Greyline
and presented further testimony in opposition to Mr. Gil-
martin's request.

Testimony was also received from the following persons:

Mr. Alexander Anolik, Attorney representing S.F. Hosts, Inc
Mr. David F.Gilmartin, Applicant

Mr. James F. Mulpeters, President, Greyline, Inc.
Mr. Gary Greenfield, Attorney for Mr. Gilmartin
Mr. D.Wayne Caldwell, Attorney at Law and Associate to
Mr. Alexander Anolik.

Commissioner Siggins stated that the Commission now has
47 applications that were left with the Permit Bureau
dating back to July of 1976, for sightseeing permits. The
department told most of the applicants that we weren't
going to hold hearings and did not accept the filing fees.
He stated even though we are holding this hearing for Mr.
Gilmartin the Commission has to think about the due process

- 369 -

of some of the others and find out if the others are
still interested in filing. At the present time re-
cognizing the evidence that you have put in about the
financing and financial stability and also San Francisco
Host's application for 10 permits and its financial sta-
bility and the plans that they have now are the' problems
that we have and we are going to have to wrestle with
that problem.

The Commission, after further discussion, decided that .
the matter of the hearing on David F. Gilmartin's ap-
plication be continued until after the other 47 appli-
cants had been given a chance to be heard on their
requests for sightseeing permits. The Commission in-
structed the Chief to prepare a letter of notification
to all 47 applicants advising them that the Commission
would hold hearings on their applications commencing
June 9, 1977, at 5:30 p.m., in Room 551, Hall of Justice

(The Hearing was recorded in shorthand form
by Hearing Reporter Marylyn J. B. Miller, Court
Reporter. It was also recorded on cassette tapes
filed in the Office of the Secretary to the
Police Commission.)

RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendations of the
Traffic Bureau on the installation of zoning for the
regulation of traffic on the public streets, be, and
the same are hereby approved.

50 CHESTNUT STREET - FRANCISCO BAY PARK

a) At 50 Chestnut Street, Install a 44'

yellow zone, to extend from 69' - 113'
east of Montgomery.

1700 MONTGOMERY STREET - FRANCISCO BAY PARK

a) At 1700 Montgomery Street, install a
44' white zone, to extend from 69' -
113' north of Chestnut Street.

1865 CALIFORNIA STREET - SCARPA APARTMENTS

a) At 1865 California Street, install a 22'
white zone, to extend cast of west pro-
perty line.

2048 TARAVAL STREET - ABC APPLIANCE

a) At 2048 Taraval Street, install a 22'
yellow zone, to extend west from east
property line.

370 -

1777 YOSEMITE AVENUE - SERTA/SAN FRANCISCO

a) At 1777 Yosemite Avenue, install a 35'
green zone, to extend east from west
building line.

4080 MISSION STREET - Y.M.C.A

a) At 4080 Mission Street, install a 44'
white zone, to extend south from nortn
buildine line.

389 3 SACRAMENTO STREET - CHILDREN'S HOSPITAL OP SAN

FRANCISCO

a) At 3893 Sacramento Street, install a 22' blu>
zone, to extend east from west building line.

1500 BUSH STREET - WILSON COUNTY RESTAURANT

a) At 1500 Bush Street, install a 22' white
zone, to extend from 14 ' - 36' east of
west line. --Also remove meter BUSH-1508.

AYES: Commissioners Ciani, Hall, Murphy, Siggins
NOT VOTING: Commissioner Gallegos

RETIREMENTS

Communications were received from the Retire-
ment Board officially notifying the Police Commission
of the retirement of the following-named members of the
Department :

a) Captain Hugh C. Elbert, Patrol Headquarters,
for service, effective May 1, 1977-

b) Lieutenant William J. Byrne, Southern Police

Station, for service, effective April 23, 1977

The Communications were ordered filed.

AYES: Commissioners Ciani, Hall, Murphy, Siggins
NOT VOTING: Commissioner 3allegos

- 371 -

R ESOLUTION NO. 2 4 1-7 7

AUTHORIZING ATTENDANCE OF DEPUTY CHIEF MARIO AMOROSO,
SUPPORT SERVICES, DEPUTY CHIEF KEVIN MULLEN, ADMINIS-
TRATION, AND DEPUTY CHIEF DONALD TAYLOR, FIELD OPERA-
TIONS, AT AN EXECUTIVE DEVELOPMENT COURSE, AT GOLDEN
GATE UNIVERSITY, TIBURON, CALIFORNIA, FROM JUNE 5, 1977
TO JUNE 17, 1977, INCLUSIVE .

RESOLVED, that the recommendation of the Chief
of Police that Deputy Chief Mario Amoroso, Support Ser-
vices, Deputy Chief Kevin Mullen, Administration, and
Deputy Chief Donald Taylor, Field Operations, be detailed
to attend an Executive Development Course at Golden Gate
University, Tiburon, California, from June 5, 1977 to
June 17, 1977, inclusive, be, and the same Is hereby
approved; and be it further

RESOLVED, that expenses incurred by Deputy
Chief Amoroso, Deputy Chief Mullen, and Deputy Chief
Taylor in a sum not to exceed $356.00 each will be
defrayed by the Police Department's Police Officers'
Training Fund.

AYES: Commissioners Ciani, Hall, Murphy, Siggins
NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 242-77

AUTHORIZING ATTENDANCE OF SERGEANT RICHARD RACINE, PATROL
HEADQUARTERS, AND SERGEANT PHILIP DUNNIGAN, MISSION POLICE
STATION, AT THE WESTINGHOUSE CORPORATION'S ICAP CRIME ANA-
LYSIS ORIENTATION PROGRAM FOR FIELD SUPERVISORS, AT DALLAS,
TEXAS, FROM JUNE 8, 19 7 7 TO JUNE 10, 197 7, INCLUSIVE.

RESOLVED, that the recommendation of the Chief
of Police that Sergeant Richard Racine, Patrol Headquarters,
and Sergeant Philip Dunnigan, Mission Police Station, be
detailed to attend the Westinghouse Corporation's ICAP
Crime Analysis Orientation Program for Field Supervi .; r:
at Dallas, Texas, from June 8, 1977 to June 10, 1977, in-
clusive, be, and the same is hereby approved, and be it
further

RESOLVED, that expenses incurred by Sergeants
Richard Racine and Philip Dunnigan will be defrayed by
Westinghouse Corporation.

AYES: Commissioners Ciani, Hall, Murphy, Siggins
NOT VOTING: Commissioner Gallegos

- 372 -

RESOLUTION NO. 243-77

TRAVEL EXPENSE VOUCHERS - APPROVED

RESOLVED, that the Traveling Expense Voucher
submitted by the following-named members of the Police
Department for expenses incurred in attending the below-
indicated program, be, and the same is hereby approved:

Deputy Chief Clement DeAmicis

$356.00
286.00
$ 70.00"

Advanced :
Expenses :
Refund (Check No. 2151
encl . )

Supervising Captain

Agustius Bruneman $356.00

Captain James P. Shannon $356.00

Captain Thomas Prevezich $356.00

(Executive Develop-
ment Course at Golden
(Gate University, Tiburon.
(California, from May '
(1, 1977 to May 13, 1977,
( inclusive .

AYES

Commissioners Ciani, Hall, Murphy, Siggim

NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 244-77

TRAVELING EXPENSE VOUCHERS - APPROVED

RESOLVED, that the Traveling Expense Voucher
submitted by the following-named members of the Police
Department for expenses incurred in attending the below-
indicated program, be, and the same is hereby approved:

Captain John A. McSweeney

Expenses: $298.00

Advanced: $ 2_4_3_100_

Amount due: "I" 55. 00

Sergeant Robert F. Dennison

Expenses :
Advanced :
Amount due :

$298.00
$243.00
$ 55.00

(Internal Affairs
(Seminar, California
(State University,
(Long Beach, California,
(from April 26, 1977
(to April 29, 1977,
( inclusive .

AYES

Commissioners Ciani, Hall, Mur[.h; , Siggins

NOT VOTING: Commissioner Gallegos

373 -

RESOLUTION NO. 245-77

RECOMMENDATION OF THE CHIEF OF POLICE FOR APPROVAL OF
TRAVEL EXPENSES INCURRED BY SERGEANT BILL R. TAYLOR,
INTERNAL AFFAIRS BUREAU, AT A POLYGRAPH EXAMINER REFRESHER
TRAINING COURSE AT FOR MCCLELLAN, ALABAMA, FROM APRIL 10,
1977 TO APRIL 29, 1977, INCLUSIVE.

WHEREAS, on the recommendation of the Chief of
Police, Sergeant Bill R. Taylor, Internal Affairs Bureau,
received permission from the Police Commission to attend
a Polygraph Examiner Refresher Training Course at Fort
McClellan, Alabama; and

WHEREAS, Sergeant Bill R. Taylor, did travel
to Fort McClellan, Alabama, to attend this training
course from April 10, 1977 to April 29, 1977, inclusive;
therefore be It

RESOLVED, that expenses in the amount of $861.00
incurred by Sergeant Bill R. Taylor while attending this
course will be defrayed by the Police Department's Police
Officers' Training Fund.

AYES: Commissioners Ciani, Hall, Murphy, Siggins
NOT VOTING: Commissioner Gallegos

WEEKLY SICK REPORT

Chief of Police Charles R. Gain , submitted
a report of members of the Department off duty due to
sickness and disability for the week ending Tuesday,
May 17, 1977 at 2400 hours as follows:

PREVIOUS WEEK
Daily average for the week sick 87 94

Daily average for the week dis-
abled 96 100

TOTALS 183 194

This is a decrease of eleven (11) members off duty daily
from the previous week.

Daily percentage for the week sick 4.14

Daily percentage for the week disabled 5-48

TOTAL 9.62

- 374 -

Disabled at the start of the week 95

Started during the week 11

Returned during the week 18

Disabled at the end of the week 7

Net Gain or Loss -7

SICK AND DISABLED FOR WEEK ENDING SATURDAY, MAY 15,
1976 AT 2400 HOURS:

Daily average for the week sick 40

Daily average for the week disabled 112

TOTAL 152

Daily percentage for the week sick 2.10

Daily percentage for the week disabled 6.45

TOTAL 8.55

SICK AND DISABLED FOR WEEK ENDING TUESDAY, APRIL 26, 1977
AT 2400 HOURS:

Daily average for the week sick 92

Daily average for the week disabled 95

TOTAL 187

Daily percentage for the week sick 4.56

Daily percentage for the week disabled 5- 58

TOTAL 10.14

The report was ordered filed.

AYES: Commissioners Ciani, Hall, Murphy, Slggins
NOT VOTING: Commissioner Gallegos

The Commission then adjourned its meeting.

-375-

1 JUNE 1977 REGULAR MEETING

The Police Commission of the City and County of
San Francisco met in their chambers, Room 551 » Hall of Justice,
850 Bryant Street, on Wednesday, June 1, 1977 at 1730 hours
in regular session.

PRESENT: Commissioners Ciani, Gallegos, Murphy, Siggins
ABSENT: Commissioner Hall

Commissioner Siggins presiding.

The members of the Commission, having been furnished
copies of the minutes of the meeting of May k* 1977 » reading of
same was dispensed with and the minutes were approved.

AYES: Commissioners Ciani, Gallegos, Murphy, Siggins
NOT VOTING: Commissioner Hall

S

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "Mr. President, members of the Commission, tonight
with your permission I would like to have Officers John Murphy,
Dennis Schaardt and FBI Agent Dennis Boone, who are involved in
the San Francisco Police Department FBI Crime Resistance Program,
give the Commission a Status Report on that program. They have
in fact made remarkable accomplishments in the program and I feel
it has very definitely been a ':dg part of the favorable impact
that we are having on crime in recent date."

Officer Dennis Schaardt then passed to the Commissioners infor-
mation about the program.

Officer John Murphy then spoke about the senior citizen program.
He stated that he had been working with FBI Agent Dennis Boone
since January of this year and since that time they had found a
few interesting facts in San Francisco. He stated that one is,
that the senior citizens had a typical stereo-type criminal they
were watching out for. He said working with the Street Crime
Unit they found out that there is no stereo-type criminal. In the
street a person dressed the same as he and agent Boone could be
a criminal. He continued by saying the senior citizens in this
town which number over 150, have felt for the longest time that
the criminal has more rights than they do. He stated that what
they are convincing them to do is to take certain precautions and
resist crime in certain ways so they can be safe on the streets
ar.d we encourage them to use the streets. Some of the things
that we have been doing with the senior citizens he said, is to
encourage them to discontinue carrying their purses in certain
areas at certain times. He stated that if you eliminate the
purse, you eliminate the crime of purse snatch. He said they
have convinced the women by giving them facts and statistics
about where they live and the community in which they live and
what they can do to better protect themselves. He then showed
the Commission an example of purseless pockets the program

-376-

recommends for the women to carry. He then passed around
what he called their winter model which is for a woman who is
wearing a heavy coat and doesn't have the room to put every thing
she needs in a smaller pocket and this pocket simply snaps
to the inside of her coat pocket and leaves both her hands
free. She looks confident and also displays herself in a
very proud manner in walking down the street. He said this acts
as a deterrent to a young boy who is bent on snatching a
purse. He then displayed a smaller model which he called the
summer model and stated that it was for the hot days in the
City when the lady does not want to wear a coat and to carry
anything with her all she has to do is simply snap this small
model on to her bra strap or anywhere else where she wants to
carry her keys or that valuable bit of information which she
needs to be on the street within 10 blocks of her home. He
stated that they have also taped two television shows which
are senior citizen shows aired by Channel k and reach a million
people. He stated that through that show they have given out
their purseless pocket pattern which Singer Corporation kindly
printed up for them in conjunction with Levi Strauss who do-
nated 2,000 yards of material. He said with the machines and
the material they have received, they are going to all of the
senior citizens' areas, buildings and projects in San Francisco
and they are telling the people that the police department can
be the answer to certain problems but in streets safety they
are going to have to take certain steps in which they can pre-
vent being a victim of crime.

Agent Dennis Boone stated that as Officer Murphy has said, it
is their primary function to make the senior citizen aware of
crime without frightening them, to try to show them that this
is how they can help themselves. He said, again what makes
this program unique is that it is non-funded. He stated that
as Officer Murphy mentioned, they talk to them about street
safety, residential safety, security of the home and more im-
portant they discuss the perpetrator and advise them not to
confront the perpetrator and not to underestimate the perpe-
trator because many are juveniles and are capable of committ-
ing some very hideous crimes.

Officer Dennis Schaardt stated that he thought one of the
best things that their program has introduced to the senior
citizen is an item called the shriv-alasn. He stated that
they demonstrated it today and Channel h is going to air it
tonight but it is a small cannister-type item almost about
the size of a mace can. He stated to operate it you just
press the top of it and it emits a shrill ear piercing sound
and it will draw attention to anyone who activates it and it
also may scare off the attacker.

Commissioner Siggins than stated to Agent Boone: "When you
first came you said you were going to be here for 90 days,
has that been extended?"

Agent Boone: "Yes sir, it has as a matter of fact from the
Bureau standpoint they are going to keep me on the program
for as long as they think it is necessary, and it looks
like now I am the only agent remaining in the program and
I am going to be here for some time to come."

-377-

Chief Gain: "May I comment Mr. President, in regards to
Agent Boone's remarks about his continued involvement
it is necessary for the program here and very beneficial
to it. In that connection as far as the FBI is concerned,
they are so impressed with the accomplishments being made
in this program that on June 23rd, Clarence Kelly, the
Director of the FBI will be in San Francisco under the
aegis of the Commonwealth Club and will be speaking at
the Sheraton Palace at $i 30 and the Commission is invited
and we will give you formal invitations and the principal
remarks he will be making will be about this program, how
good it has been and that it is an exemplary program and
will be expanded throughout the United States. Without
question this program has been very very worthwhile and
this is one indication of it."

After further discussion Commissioner Murphy suggested
that the Commission send an official letter commending
Levi Strauss, Bank of America, Singer, Bayview Federal
Savings and the Newspapers commending them for their coop-
eration and financial help. Lieutenant Jordan stated that
he would also like to compliment the officers who are in-
volved in the program for it was just as Commissioner
Siggins said they showed just as much enthusiasm today
as they did four or five months ago as when they first
started the program.

RESOLUTION IIP. 251-77

PATROL SPECIAL OFFICER RALPH GREBMEIER - REVOKED

RESOLVED, that the appointment of Ralph Grebmeier
for Beat No. 7, Central Police District, be, and the same is
hereby revoked effective June 1, 1977 » he having sold his
beat to Patrol Special Officer Kung Kay Chiu.

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall
RESOLUTION NO. 252-77
PATROL SPECIAL OFFICER KONG KAY CHIU - APPROVED

RESOLVED, that Kung Kay Chiu, be, and he is
hereby appointed a Patrol Special Officer for Beat No. 7»
Central Police District; said appointment effective June
1, 1977, he having purchased Beat No. 7, Central Police District,
from Ralph Grebmeier.

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

-378-

HEARING TO DETERMINE WHETHER OR NOT THE JITNEY BUS PERMIT
ISSUED TO MR. INOGENCIO P. BENDO SHOULD BE REVOKED AS RE-
CORDS INDICATE THAT HE HAS FAILED TO COMPLY WITH PROVISIONS
OP SECTION 109U OF THE MUNICIPAL POLICE CODE, PERTAINING TO
YEARLY TAXES TO BE PAID TO THE CITY AND COUNTY OF SAN FRAN-
CISCO. (CONTINUED FROM MAY11. 1977) -CONTINUED FOR THREE WEEKS

AND """

HEARING TO DETERMINE WHETHER OR NOT THE JITNEY BUS PERMIT
ISSUED TO MR. ASKOR K. SHANKAR SHOULD BE REVOKED AS RE-
CORDS INDICATE THAT HE HAS FAILED TO COMPLY WITH PROVISIONS
OF SECTION 109U OF THE MUNICIPAL POLICE CODE PERTAINING
TO YEARLY TAXES TO BE PAID TO THE CITY AND COUNTY OF SAN
FRANCISCO, AND ALSO THAT HIS JITNEY BUS PERMIT IS NOT BEING
OPERATED IN COMPLIANCE WITH SECTION 1079 OF THE MUNICIPAL
POLICE CODE (CONTINUOUS OPERATION REVOCATION PROVIDED FOR.)
(CONTINUED FROM MEETING OF MAY k, 1977.) - CONTINUED FOR
THREE WEEKS.

Deputy Chief Mullen stated that Officer Martindale of the
Permit Bureau had contacted Mr. Inocencio Bendo who stated
that he had thought he had paid his taxes. According to
Officer Martindale, Mr. Bendo was unaware that the law had
been changed to allow aliens to operate jitney buses. Now
that Mr. Bendo is aware of this change he has stated that
he plans to operate the bus himself. Mr. Bendo, according
to Officer Martindale, is now requesting time so that he
will be able to buy himself a bus, acquire the necessary
insurance and then he will go into business. Officer
Martindale stated that as far as Mr. Shankor was concerned,
he had not been able to locate him. However, he was still
trying. Deputy Chief Mullen then reported to the Commission
in regards to establishing new routes. He stated that the
MPC did allow the Chief to establish new routes for Jitneys.
He stated that to do so, however, would impinge upon other
transportation sources. He said the most opposition would
probably come from the Muni-Railway. He stated that about
two years ago, a suggestion was made to have the jitneys
service the Crocker Amazon area, but Muni opposed and the
jitneys themselves also declined because they did not feel
thatthe area would offer enough business to make it worth their
while. He stated that there are at the present time 117
jitneys in operation, another 35 has shelved their permits
because of poor business brought on by the advent of BART.
The Commission then decided that the matter for both parties
would be continued for three (3) weeks.

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

MR. JAMES STEELE AND MR. STEVEN TENNIS RE PROGRESS REPORT ON
SALE OF YELLOW CAB COMPANY TAXICAB PERMITS

Mr. Steele and Mr. Tennis introduced themselves to the Com-
mission and stated that they wanted to provide the Com-
mission with an overview of the new Yellow Cab Co-op what
it has done in the past and what it intends to do in the
future. Mr. Tennis stated that he realized that there has
been a great deal of rumor and confusion concerning this
matter and their purpose is to let the Commission know
what they intend to do. He then stated that the Co-op
is a California Cooperative Cooperation that will be composed
mostly of people who have a. history in the Taxi business in
San Francisco. Many of them are currently drivers from cab
companies. He stated that the Co-op will own the assets
of the old Yellow Cab Company except that the members of
the Co-op who are the equivalent share holders in the coopera-
tion will have the permits, taxicabs, and the meters in

-379-

their own names. Those items, he stated, however, will be
subject to the control of the Co-op and must be operated through
the Co-op. He stated that if a member wishes to sell, he cannot
take his cab and meter and sell to anyone he must sell to some-
one acceptable to the Commission and who agrees to operate through
the Co-op. He stated that that somewhat describes the struct-
ures of the Co-op. He continued by saying that the Co-op made
an offer to the Bankruptcy Court which was accepted on May 13th
of this year and the final terms of their proposal are now
being negotiated. He stated that they would take the money
derived from the Co-op memberships and use the money to make
the necessary down payments to the Bankruptcy Court. He stated
that within 30 days after they make those down payments they
will be applying to the Commission for the transferring of up
to 3$0 taxicab permits previously owned by Yellow Cab. He said
up to 250 of those would be for members of the cooperative and
up to 100 of those would be transferred to existing radio con-
trolled, centrally controlled taxicab companies such as Luxor
and DeSoto. He said Mr. Steele had been discussing with the Staff
of the Commission a method or procedures whereby they can mini-
mize the burden on the Commission of having to deal with upwards
of 350 applications for the transfer of the permits. He said
in addition, the organizers of the Co-op are taking care of
the prelimary operations of the company such as dealing with
insurance companies, trying to get some tires for the cabs,
things of that nature so that as soon as the transfers are ap-
proved they will be able to provide yellow cab service in San
Francisco as soon as humanly possible.

Commissioner Siggins then asked if there had been any change
or modification in the court's order of May 13th. Mr. Tennis
stated that the Court on May 13th issued an opinion accepting
the Co-op's proposal. He said a formal order based upon that
opinion has been prepared by the receiver's attorney and lodged
with the court and to his knowledge it was supposed to be signed
yesterday. He stated that he does not know whether that order,
in fact, has been signed today but he assumed that it would be
signed soon. He said one of the disappointed bidders has asked
the court to re-open the bidding and the court will hold a
hearing on that issue on June 9th, in San Diego to determine
whether it will re-open the bidding and if so, under what circum-
stances. He then stated that he would be misleading the Com-
mission if he were to say their offer has, in fact, finally been
accepted for it will be challenged at every step of the way.

After further discussion on the matter, Commissioner Siggins
thanked Mr. Tennis and Mr. Steele for their presentation.

PUBLIC HEARING TO DETERMI1E IP PUBLIC CONVENIENCE AND NECESSITY
EXISTS FOR THE ISSUANCE OF TEN (10) SIGHTSEEING BUS PERMITS.
APPLICANT: RONALD H. DAVIS.

The matter of the application of Ronald H. Davis for new
Certificates of Public Convenience and necessity for the
operation of ten (10) Sightseeing Busses was called, the
application having been advertised in the official news-
paper in accordance with the provisions of ordinance
applying thereto.

Mr. Davis appeared in his own behalf and stated that he
would give the Commission a brief overview of his proposed

-380-

operation. He stated that most of the pertinent points in
regard to his proposed tours are covered in his application.
After Mir. Davis completed his presentation he was asked
questions by the Commission. Mr. Craig McAtee, attorney for
Grayline, Inc., also asked Mr. Davis questions regarding his
proposed operations. The Commission then took the matter
under advisement.

RESOLUTION NO. 2U8-77
LIZA G. GIHGELL

RESOLVED, that the recommendation of the City
Attorney for settlement of the claim of Liza G. Gingell
against the City and County of San Francisco in the sum
of $22.00 as the result of a faulty tow, be, and the same
is hereby approved.

Date of Incident: August 5, 1976

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

RETIREMENTS

Communications were received from the Retirement Board
officially notifying the Police Commission of the retirement
of the following-named members of the Police Department.

Police Officer James P. Burke, Richmond Police Station,
for industrial disability, effective May 25, 1977*

b) Police Officer Gerald C. Derham, Southern Police
Station, for industrial disability, effective May 26, 1977 •

The communications were ordered filed.

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

AUTHORIZING ATTENDANCE OP DR. NORMAN H. STEINER, POLICE
SURGEON, AT THE AMERICAN ASSOC AITION OP POLICE PHYSICIANS
AND SURGEONS, FIRST SCIENTIFIC SESSION AT THE FBI NATIONAL
ACADEMY IN QUANTICO, VIRGINIA, FROM JUNE $, 1977 TO JUNE
7. 1977, INCLUSIVE. ,

RESOLVED, that the recommendation of the Chief
of Police that Deputy Chief Mario Amoroso, Support Services,
Deputy Chief Donal^ Taylor, Field Operations, and Captain
Andrew M. Kristensen, Taraval Police Station, be detailed

-381-

to attend an Executive Development Course at Golden Gate
University, Tiburon, California, from June 5, 1977 to
June 17, 1977 » inclusive, be, and the same is hereby appro-
ved; and be it further

RESOLVED, that expenses incurred by Deputy Chief
Amoroso, Deputy Chief Taylor and Captain Andrew M. Kristensen
in a sum not to exceed $356.00 each will be defrayed by the
Police Department's Police Officers* Training Fund.

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

WEEKLY SICK REPORT

Chief of Police Charles R. Gain, submitted a
report of members of the Department off duty due to
sickness and disability for the week ending Tuesday,
May 2k, 1977 at 22+00 hours.

PREVIOUS WEEK

Daily average for the week sick

82

87

Daily average for the week dis-

abled

?0

-2L.

TOTALS

172

183

This is a decrease of eleven (ll) members off duty daily
from the previous week.

Daily percentage for the week sick 3.20

Daily percentage for the week disabled 5.U1

TOTAL 8.61

Disabled at start of the week 92

Started during the week 1$

Returned during the week 11

Disabled at end of the week 96

Net Gain or Loss +k

SICK AND DISABLED FOR THE WEEK ENDING SATURDAY, MAY 21, 1976
AT 2lt00 HOURS:

Daily average for the week sick 2+7

Daily average for the week disabled 117

TOTAL I6I4

Daily percentage for the week sick 2.62

Daily percentage for the week disabled 6.75

TOTAL 9.37

-382-

SICK AND DISABLKD FOR THE WEEK ENDING TUESDAY, MAY 3,
1977 AT 2U00 HOURS; •

Daily average for the week sick
Daily average for the week disabled

TOTAL
Daily percentage for the week sick
Daily percentage for the week disabled

TOTAL

186

U-38
9.90

The report was ordered filed.

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall

The Commission then adjourned its meeting.

#

-383-

8 JUKE 1977 REGULAR MEETING

The Police Commission of the City and County
of^San Francisco met in their chambers, Room 551, Hall
of Justice, 850 Bryant Street, on Wednesday, June 8, 1977
at 1730 hours in regular session.

PRESENT: Commissioners Ciani, Murphy, Siggins
ABSENT: Commissioners Gallegos, Hall

Commissioner Siggins presiding.

The members of the Commission, having been
furnished copies of the minutes of the meeting of May 11,
1977* reading of same was dispensed with and the minutes
were approved.

AYES: Commissioners Ciani, Murphy, Siggins
NOT VOTING: Commissioners Gallegos, Hall

RESOLUTION NO. 258-77

AUTHORIZING THE DEPARTMENT TO INSTITUTE A NEW SCHEDULE
OP PEES FOR THE PROCESSING OF NON-CRIMINAL FINGERPRINTS
EFFECTIVE JULY 1. 1977

WHEREAS, the Chief of Police has recommended
that the Police Department adopt a resolution author-
izing the Police Department to institute a new schedule
of fees for the processing of non-criminal fingerprints;
and

WHEREAS, pursuant to a letter from the Office
of General Administration, Department of Justice, Sacra-
mento, California, whereby they are informing us that as
of July 1, 1977 > there will be an increase in cost for
the processing of non-criminal fingerprints; therefore
be it

RESOLVED, that on the recommendation of the
Chief of Police, the adoption of a resolution authorizing
the Police Department to institute a new schedule of fees
for the processing of non-criminal fingerprints, be, and
the same is hereby approved; and be it further

RESOLVED, that effective at 0001 hours, Friday,
July 1, 1977, the new schedule of fees will be as follows:

$10.50 for non-criminal fingerprints.
AYES: Commissioners Ciani, Murphy, Siggins
NOT VOTING: Commissioners Gallegos, Hall

-38U-

CHIEF'S REPORT TO THE POLICE COMMTSSTON

Chief Gain: "Mr. President, members of the Commission
I would like to discuss with you tonight a proposed per-
manent order on the subject of the San Francisco Police
Officers' Association use of bulletin boards and use of
mailroom.

I submitted a letter to you today and I would like to
review that letter with you because I am recommending
that the Commission ultimately adopt a permanent order
confining the use of the mailroom and distribution of
material by the Police Officers' Association to that
which is appropriate to an association so as specifically
to preclude dissemination of unfactual information.

During the past several days the Police Officers' Asso-
ciation has disseminated within the Department, using
our mailroom and our bulletin boards a series of bulletins,
seven in number. We have responded by Information
Bulletins to the first 6 reputing the allegations. The
point is that all of these bulletins do contain bla-
tantly unfactual material. They could, within the de-
partment, create general anxiety and could be believed
by some number of members.

We are particularly concerned that whereas the first
five bulletins pertain to internal matters, the 6th
and 7"th bulletins relate to persons outside of the
police department. The last one relates to the sub-
ject of policy making. As for example, the Mayor,
Delancy Street, Glide Memorial, People's Temple and so
on, impugning in my judgement, organizations who ob-
viously do not and have never and would not presume to
influence the policy of the San Francisco Police De-
partment.

Now the last Memorandum of Understanding that the
Commissioners had with the Association had a provi-
sion which, in part, stated the Association shall be
allowed to make "reasonable use" of mailroom facilities
for the disbursement of Association literature, which
phraseology was so broad that it permitted the dissem-
ination and consequent posting on bulletin boards of
subject matter of whatever content. Even though that
Memorandum has lapsed now as of May 18th, we have in
spirit and because of good faith been adhering to that
provision. Hence these bulletins have gone out and pre-
sumably would in the future unless appropriate action is
taken.

But as you are aware in the Commission's proposed MOU
which has been submitted to the Police Officers'
Association the Commission proposes restricting the mat-
erial that can be disseminated by the Police Officers'
Association and the posting to that which relates, for
example, to the Association's recreational, social and
related news bulletins. Schedule of Association meetings
and information concerning association elections. The
mailroom then could only be used for dissemination of
that type of material.

we would have had, that is the Commission and Staff,
meet and confer sessions with the POA in regards to these
provisions on use of the mailroom and dissemination of
material had the POA been willing to meet. But as we
know, and it is a matter of record, that although the
Commission has continually expressed it's willingness

-385-

in regards to meet and confer sessions at mutually agreeable
times with the POA they have steadfastly refused to do so
and they still maintain that posture. I feel this matter
is of such grave import that I recommend to the Commission
that we adopt in permanent order form the provisions of the
proposed Commission MOU.

Those that I have just read, for example pertaining to
bulletin boards, I would recommend to the Commission that
they entertain adopting such a permanent order and that
it have it's secretary send to the POA a letter containing
the content of the proposed order requesting the POA to
respond within 10 days if it wishes to meet and confer
on the subject matter of that permanent order if it does,
those sessions can take place and if it does not respond
within 10 days it would be understood they do not take
exception to the content of the permanent order and the
Commission could then schedule the appropriate public
hearing thereafter and based upon the public hearing adopt
a permanent order of whatever subject content the Com-
mission would choose to do. So I do make that recommen-
dation to the Commission tonight."

Commissioner Siggins: Yes Chief, I recognize the fact

that by the prior MOU that the Association had reasonable

use of the Boards and I recognize that the word 'reasonable1

can be interpreted in a lot of ways and I consider the 7

bulletins, each one of them, as being unreasonably used.

As you have said, we know that they have steadfastly refused to

meet with us, I don't know if the public knows that because

they have been saying something otherwise. The President

of the Association has said, it is my understanding that

as he told his membership last night, he had not been able

to meet with us. Are there any further comments?"

Mr. Eugene Chakin: "Mr. Siggins, I wonder if I might
address the Commission for a moment concerning this
point. Mr. Name is Eugene Chakin, People's Temple Church.
We came here this evening because we are concerned about
the content of this bulletin number 7« Until I heard
the discussion here I did not have any idea of how this
material was generated except that it had been put on my
desk. We are concerned, because we do, of course, wish
to protest very strongly that there are no facts to the
allegations cfaitained in here and we are especially con-
cerned because we, that when organizations such as ours
and Glide and Delancy and some others are being charged
as being responsible for policy mkaing but not only is
that an affront upon ourselves but also an affront upon
the Commission because I take it and I am sure that you
would agree with me that the Commission sets the policy
for the San Francisco Police Department and not the organ-
izations listed in the bulletin.

I would appreciate some sort of a statement to that effect
and just wish to let you know that we are concerned and
we don't think this is factual and we certainly don't think
it is an appropriate sort of a thing to be done and we
would like some sort of a statement or correction made
concerning it."

Commissioner Ciani: "We haven't as yet responded to the
seventh bulletin because it came out after our response
was written. I might say that my own view of policy mak-
ing in the department is that this Commission has perhaps,
more than any other Commission, tried to get the input of the
Community because we see our job as being both to look

-386-

after the interests of the Department and to be sure that
as civilians the interests of the public are taken into
account in making policy decisions. So, I am- not offended
that this bulletin acknowledges that we listen to Community
groups. I think the purpose of the police department is to
serve the public and I think it is encunf ent upon us as
Commissioners to know what the public looks to the police
department for. So the input by these groups and by all
individuals in the community into policy making is appro-
priate*. However, I would totally reject any inference
'jhat these groups are responsible for making or dictating
policy.

Commissioner Siggins: "May I add the same thing, I have
a feeling that it is our duty, the Commission's duty, to
set the policy of the department and still recognize that
any urbanologist or any well thinking persons would say
that the quality of life of a city is enhanced when various
elements are not left out from policy making with its sug-
gestions to a Commission and have some participation in the
various elements of the city. And we welcome any thoughts
that come from Glide Memorial or People's Temple, and De-
lancy Street, we make the decisions but the Commissioners are
open to their suggestions. This is an outgrowth of a
bulletin that is put out by what is called the Board of
Directors of the San Francisco Police Officers' Associa-
tion. Since I have been President of the Commission I have
written at least 10 letters to the Police Officers' Assoc-
iation asking their views on things in which we are mak-
ing policy decisions. I have never written to Delancy
Street, I have never written to Glide Memorial, I have never
written to People's Temple, I have never written to the
Bar Association, I have never written to Coyote, but I
have not received any response to the letters that I have
written to the Police Officers' Association to help us in
making policy decisions."

Commissioner Murphy: "I have asked repeatedly to be told
what the sworn personnel of this department believes or
feels about a given policy. One example was the "Onlookers",
or Witness" policy, but the POA leadership did not appear,
nor inform us in any way what they believed with respect to
that policy or others. I think there is a fundamental diffe-
rence or a terrible misunderstanding, i.e., that the POA
believes, or its leadership believes, they cannot discuss
in public session what they believe about a given policy.
Ve are always told that any request for discussion of a
given policy is a "meet and confer" item which to them
means a private session. I think almost everything this
Commission has discussed has been of such a nature that it
should be discussed in public. For example, there is no
reason why the Onlookers policy, or for that matter the
creatior. of the office of Citizen's Complaints, should
i;ot be discussed in public as it was, or at least we
could have been told what the sworn personnel of the de-
partment feel about the policy, and why. We do not go
into a private conference with other organizations, first,
because we can't do so legally, but also because it isn't
necessary. As a result of this attitude on the part of
the POA leadership very important policies are not dis-
cussed with them and this is a real deprivation for all
concerned, but mainly for the sworn personnel of this
department . "

Mr. Eugene Chakin: "We certainly do appreciate the Com-
mission's position and stance as far as being open to

-387-

community input. We definitely appreciate that about the
Commission and we are glad of it. The reason that we came
down here is because we felt what this group was saying
and said rather explicitly is that these organizations has
supplanted the authority of the Commission and with Com-
missioner Ciani, I would certainly reject that wholeheart-
edly. I don't know that our organization has really had
very much to do with it."

Reverend Cecil Williams: "Also, Cecil Williams from Glide,
I would like to raise the question of it sounds like either
I am under surveillance or that I am either being constantly
through some means or some effort, followed, by every move
that I make or with any person that I talk to and that some
way, in some covert way, I am now participating in making
sure that the policy of the Police Department is under my
mandate, or under my direction, or whatever the case might
be along with other groups. I think that the issue at hand
has to do with something that you alluded to and that is
the fact that much of what has happened in the police de-
partment through the years has been done in private. Now
it is open to the public. It is now the possibility that
what can be discussed and how it can be discussed not only
with the community groups but along with Police Associations ,
we are now trying to say that this is the way it is, you
are saying that, and there are those of us who have the
opportunity throughout the community, throughtout San Fran-
cisco; to come in and say what we have to say. Certainly I
think that the time has come for us to stop putting ourselves
in a position by which accusations are made against people be-
cause of groups of people because there are those people in
the police officers association who feel very strongly that
if they don't get their way then things are not going the
way that they should in regards to the police department.
The problem is the fact that to a great extent the police
department has changed its direction. I have been here
some 13 years, I know all of the Chief's, I have known
people all along, I talked to the other chiefs a lot more.
I talked to Cahill, Nelder and Scott less than I did the
others, but I talked to them a lot more than I talked to
Chief Gain. The same way with the Police Commission, you
©ee. I probably have said something to one or two of you
every once in awhile but that is the extent of it. Now,
you know, I think that when the Police Association feels
like it is getting its way then that is the time that
everything is okay with them. Now it is open, its public,
and I just wanted to comment for what's my opinion about
the fact that I think there was a serious allegation made
against us and we will have to think about some action
sooner or later."

Commissioner Siggins: "Thank you Reverend Williams."

Chief Gain: "Mr. President, if I may, in regard to Com-
missioner Ciani 's comment that we haven't responded to
this, we have of course responded to the first I really
had no intention to Responding to number 7 as I had to the
others. I feel that number 7 is so ridiculous on its face
that it doesn't need response. However, it did intensify
my concern about the effect upon anxiety among policemen
and that's why I am making the recommendation to the Com-
misssion that is being made tonight, that we bring this
matter to an issue."

-388-

Commissioner Siggins: "Chief, I want to compliment the
department on the answers to these allegations, the first
6 allegations. I don't have that thin of a hide, but Com-
missioner Ciani and I were mentioned in bulletin number 7
and I was mentioned in action bulletin number £ about the
Appelate Court Strikes down the loyalty oath ordinance as
unconstitutional. Siggins-Gain stopped in violating Police
Officers civil rights. What happened as I think you cor-
rectly pointed out is when we became part of the Commission,
Proposition 0 which had been introduced by the Board of
Supervisors was in the Ballot of November, 1975, for which
Supervisor John Barbagelata wrote a special argument for
in which he stated that he point clearly to the San Fran-
cisco Police Officers' Association that was involved in the
strike, that there are a few officers who traded for all
political power. They know full well of their hardship,
the worst thing anyone can do to the people of the city is
to leave them totally vulnerable to crime and disaster
and he introduced this resolution which was proposition
'0' along with Proposition 'P' and 'Q'. I voted against
Proposition '0', I remember that. It was requiring the
police officers to take an oath against striking. And
when ire came into this department, the lawyers on this
Commission, Commissioner Ciani and I both questioned the
constitutionality of such an ordinance and we asked the
City Attorney about that and if you recall the order" was
not implemented. The leadership of the San Francisco
Police Officers' Association knoitf that and I find that we
are not political here tonight, but I find it interesting
that this particular San Francisco Police Officers' Associ-
ation is now working with Supervisor Barbagelata in working
out some kind of Proposition, I mean ballot measure, to be
submitted to the voters on August 2nd. So it is quite a
turn around to me. They know clearly what happened in
connection with that loyalty oath and for them to say
that we were stopped in violating civil rights is absolutely
ridiculous and I don't mean to dwell on that particular
one because my name was involved in it but the others
have a legitimate argument against them. Like I say, I
want to compliment the Department in answering them and
we really appreciate the rank and file membership of the
Association who read these things and see that they are
lies. I would recommend the endorsement of this proposition.
What we will do is put it on the calendar and tell the
Police Officers' Association that we are going to consider
it, give them a notice and ask them to respond within 10
days if they have any questions."

Chief Gain: "I might mention Mr. President, that Deputy
Chief Mullen called a member of the Board of Directors of
the Police Officers' Association and informed them today
that this matter would be discussed tonight as a matter
of acting in good faith so that should they choose to do
so, they could have a representative here. They did not
evidently choose to do that."

The Commissioners then, entertained a motion to send this
proposed legislation for the adoption of a permanent
order regarding the use of the mailroom and bulletin
boards to all associations (as recommended by Commissioner
Ciani.) The motion was then approved and adopted.

Chief Gain: "That concludes my report Mr. President."

-389-

Commissioner Siggins then acknowledged a speaker from the
audience.

Nancy Erickson; "My name is Nancy Erickson and I am here
as a spokesperson in the International Hotel Tenants Asso-
ciation and I am here with several members. I called ear-
lier to attempt to get on the extended agenda and I wanted
to find out whether there was a place for us to give a
short presentation to the Police Commission?"

Commissioner Siggins: "Does it pertain to a police item?"

Ms. Erickson: "I don't believe it pertains to any prior
agenda item but it does pertain to police affairs and to
police and community relations and it won't be very long."

Commissioner Siggins: "Go ahead."

Ms. Erickson: "Okay. I think you all probably have heard
that the International Hotel has received its five day
eviction notices and because this is so urgent and so press-
ing we came here on very short notice and we apologize for
being here on so short of notice. I think our utmost con-
cerns as members of the community are aware that this is a
very unusual eviction and we are aware that the police
and the sheriff's department have been working out their
relationship in carrying out this eviction. At this point
we have an appeal in court of the Decision by Judge Peery
and we are waiting for him to sign a final decision. However,
meanwhile Judge Brown has signed an eviction order which is
to be carried out in 30 days so that the eviction could
happen as early as Sunday. The concern that all of the
elderly tenants that live in the building are bringing to
you is what is going to be the role of the San Francisco
Police Department in carrying out this eviction and we
would like to request that there be a resolution by the
Commission that the Police Department not enter the build-
ing during the eviction, that there be no weapons and that
there be no sticks used during such an eviction. Because
idle Tenants Association and all supporters have no inten-
tion of resisting this eviction in a violent way."

Commissioner Ciani: "I would think that this is a normal
police matter. We have to do what the court orders as
you know and I would think that any police job like this
would necessarily be carried out with regard to the safety
of the people involved and I don't think it is appropriate
for the Commission to presume that the Department would do
other than act appropriately in carrying out the eviction
which iii is bound to do. I would like to hear from the
Chief whether there is any possibility that there would be
any inappropriate action taken."

Chief Gain: "Well, if I may, I think the issue is a
request for the Commission to adopt a resolution which would,
as I recall, prohibit the members of the San Prancisoc Police
Department from entering the hotel and prohibit the San
Francisco Police Department if they do become involved
from carrying weapons or sticks. I think that is in issue.
And I would of course state and strongly recommend to the

-390-

Commission that it not pass such a resolution. As far as
members of the San Francisco Police Department conducting
themselves appropriately that should be assumed contrary to
other evidence and there is no other evidence."

Commissioner Ciani: "You have no present information that
we might not do the job in a way that would protect the
individuals involved?"

Ms. Erickson: "I think that what we are asking for is
that there be a recommendation that no inappropriate 'action
be taken."

Commissioner Ciani: "Well, that is the way that we assume
that the work will be done and it wouldn't be appropriate
to have a resolution to say that we will do our jobs as
we should."

Commissioner Murphy: "May I ask a question? Why are you
fearful, and obviously you are fearful, that the police
will come in along with I assume the Sheriff's Office
which of course has the primary responsibility, why are
you so fearful?"

Ms. Erickson: "I feel that the Sheriff's Department should
carry out its duties without the help of the Police Depart-
ment at all and my feeling is that the Sheriff's Department
should not carry out this eviction. I have a great concern
with the Police Department becoming involved in this evic-
tion and I think that it is totally unnecessary because I
know very well that no one on the inside is going to pro-
voke any violence. So I see this as entirely unnecessary
and I am aware that, you know, there has been some planning
that is done to this contingency. I am afraid that the
Police Department might actually come into the building."

Commissioner Murphy: "Isn't there an agreement, Chief,
between the Sheriff's Office and the Police Department on
all kinds of well calamities shall we say, that one sup-
ports the otherin case of need."

Chief Gain: "Well, there is no explicit agreement to
that effect as a matter of law that would obtain if nec-
essary. To the point of eviction, I think it is premature
even to have this discussion, I would suggest. The obli-
gation to evict is that of the Sheriff's Department and the
Sheriff's Department will undertake as 1 understand, Sheriff
Hongisto has stated publicly their duties appropriately in
regards to that eviction. What role if any the San Fran-
ciso<s Police Department will have is in fact at this time
an unknown if it becomes appropriate for us to be involved we
will in whatever manner it is appropriate. And of course,
it must be assumed, it must be taken for granted the San
Francisco Police Department will act appropriately. There
is no evidence to the contrary. I xrould submit, with due
respect, that the conversation should not even continue
as a request was for aresolution I don't think it is appro-
priate for the Commission to pass that resolution at all and
I don't think that you will. I think now if I may submit
respectfully we are involved in conversation based upon

-391-
speculations that are totally uncalled for."

Commissioner Siggins: "Ms. Erickson, as a member of the
public you are satisfied that his matter will be carried
out as you said without any problems?"

Ms. Erickson: "One last comment? During January we re-
ceived a stay of eviction from Judge Brown and at that
time the San Francisco Police Department stated in court
that there were weapons in the hotel. It was totally re-
pudiated, that statement, and I think that is some of
where we get our feeling, that we have fears that the Police
Department have in mind to enter the building based upon
this kind of testimony for which there was no substantial
evidence and for which there were statements later that
srort of backed down from this i&ga and I think that this
is your concern Commissioners."

Chief Gain: "For the record, I have to refute what she
said, but I am becoming irritated with this, conversation* '!

Commissioner Ciani: "What I don't understand is how you
can carry out an eviction without going into the building
and if you are telling us that the tenants aren't going
to do anything to provoke violence then you are telling
us that they will voluntarily leave when the eviction is
enforced, is that correct?"

Ms. Erickson: "The intention of the tenants is to peace-
fully resist to be totally non- violent."

Chief Gain: "Is this being recorded! £©r it con provide the
basis later on for a charge of conspiracy."

Commissioner Siggins: "Well, there is no motion. Thanks
Ms. Erickson."

REiCSMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendations of the Traffic
Bureau on the installation of zoning for the regulation of
traffic on the public streets, be, and the same are hereby
approved.

20k3 - 19th AVENUE - HILL HAVEN CONVALESCENT HOME

a) At 201*3 - 19th Avenue, install a 1*V white
zone, to extend from 27' - 71' south of the
north property line.

3100 BRODERICK STREET - LARRY'S LINOLEUM, INC,

a) At 3100 Broderick Street, install a 22' green

zone, to extend from 10' - 32' north of Lombard -
(Revoke 22' from existing Uhf yellow zone for
green zone.)

-392-

2598 LOMBARD STREET - LARRY'S LINOLEUM, INC.

a) At 2<98 Lombard Street, revoke existing
22' green zone.

78 HOFF STREET - GROMM SYSTEM OF C LEANING

a) At 78 Hoff Street, install a 1+0' yellow
zone, to extend from 18' - 58' north of
south property line.

hktf GEARY BOULEVARD - DIFF'S MOVING & STORAGE

a) At Uh3S Geary Boulevard, install a 22'
yellow zone, to extend from 6' - 28*
west of east building line.

U056 MISSION STREET - ST. J0HN1S SCHOOL

a) At 24.056 Mission Street, revoke existing i+8'

white zone (22' - 70' south of north property
line).

AYES: Commissioners Ciani, Murphy, Siggins

NOT VOTING: Commissioners Gallegos, Hall

REVOKED

RESOLVED, that the recommendation of the
Traffic Bureau on the revocation of 92 feet of yellow,
green and white zones at the part of the City at the
locations submitted, be, and the same are hereby approved.

AYES: Commissioners Ciani, Murphy, Siggins

NOT VOTING: Commissioners Gallegos, Hall

RESOLUTION NO. 2^3-77

REEDIE BLACKMAN

____o— — — —

RESOLVED, that the recommendation of the City
Attorney for settlement of the unlitigated claim of Reedie
Blackman against the City and County of San Francisco in
the sum of $617. h$ as the result of a collision with a
police vehicle, be, and the same is hereby approved.

Date of Accident: February 25, 1977

AYES: Commissioners Ciani., Murphy, Siggins
NOT VOTING: Commissioners Gallegos, Hall

-393-
RESOLUTION NO. 25U-77

PAUL MAKAVECKAS

RESOLVED, that the recommendation of the City-
Attorney for settlement of unlitigated claim of Paul Makaveckas
against the City and County of San Francisco in the sum of
$971*87 as the result of a collision with a police vehicle,
he, and the same is hereby approved.

Date of Accident: February 21, 1977

AYES: Commissioners Ciani, Murphy, Siggins
NOT VOTING: Commissioners Gallegos, Hall

RESOLUTION NO. 255-77
REV. WILLIE J. REAGAN

RESOLVED, that the recommendation of the City
Attorney for settlement of unlitigated claim of Rev. Willie
J. Reagan against the City and County of San Franciscoin
the sum of $995*00 as the result of a collision with a police
vehicle, be, and the same is hereby approved.

Date of Accident: March 18, 1977

AYES: Commissioners Ciani, Murphy, Siggins
NOT VOTING: Commissioners Gallegos, Hall

RESOLUTION NO. 256-77

POLICE NARCOTIC FUND

RESOLVED, that the Controller be, and he is
hereby requested to draw a voucher in favor of Chief of
Police Charles R. Gain in the amount of $l+,000 charging
same to appropriation number 6.161.890.050 as an advance
on the Police Narcotic Fund for the month of June, 1977*

AYES: Commissioners Ciani, Murphy, Siggins

NOT VOTING: Commissioners Gallegos, Hall

RESOLUTION NO. 257-77

POLICE CONTINGENT FUND

RESOLVED, that the Controller be, and he is
hereby requested to draw a voucher in favor of Chief of
Police Charles R. Gain in the amount of $3,000 charging

-39U-

same to appropriation number 6.161.890.000 as an advance
on the Police Contingent Fund for the month of June, 1977.

AYES: Commissioners Ciani, Murphy, Siggins
NOT VOTING: Commissioners Gallegos, Hall

WEEKLY SICK REPORT

Chief of Police Charles R. Gain, submitted
a report of members of the Department off duty due to
sickness and disability for the week ending Tuesday, May 31,
1977 at 2^00 hours, as follows:

PREVIOUS WEEK

Daily average for the week

sick 62 82

Daily average for the Week

disabled 91 90

Totals 153 172

This is a decrease of nineteen (19) members off duty daily
from the previous week.

Daily percentage for the week sick 2.82

Daily percentage for the week disabled 5S.I4.8

TOTAL 8.3O

Disabled at start of the week 93

Started during the week 10

Returned during the week 11

Disabled at end of the week 92

Net Gain or Loss -1

SICK AND DISABLED FOR WEEK ENDING SATURDAY, MAY 29, 1976 AT
2U00 HOURS:

Daily average for the week sick 53

Daily average for the week disabled 116

TOTAL 169

Daily percentage for the week sick 2.95

Daily percentage for the week disabled 6. 70

TOTAL 9-65

SICK AND DISABLED FOR THE WEEK ENDING TUESDAY, MY 10, 1977
AT 2U00 HOURS:

Daily average for the week sick 100

Daily average for the week disabled 9U

TOTAL 19U

-395-

Daily percentage for the v/eek sick I+.79

Daily perceitage for the week disabled ^.6U

• TOTAIL 10.U3

The report was ordered filed.

AYES: Commissioners Ciani, Murphy, Siggins
NOT VOTING: Commissioners Gallegos, Hall

POLICE OFFICER JAMES F. STEVENS - IN MEMORIUM

A communication was received from Chief of
Police Charles R. Gain officially notifying the Police
Commission of the death of Police Officer James F. Stevens,
Mission Police Station, who died on Saturday, May 28, 1977 •

The Commission then adjourned its meeting in
memory of Police Officer James F. Stevens.

-396-

9 JUNE 1977 SPECIAL MEETING

The"P»lice C©iaiaissi©n of the City and County of— San
Francisco met in their chambers, Room 551, Hall of Justice, 850
Bryant Street, on Thursday, June 9, 1977. in Special Session.

PRESENT: Commissioners Ciani, Gallegos, Murphy, Siggins
ABSENT: Commissioner Hall

JUL 8 1977

Commissioner Siggins presiding.

APPLICANTS FOR NEW CERTIFICATES OF PUBLIC CONVENIENCE AND

NECESSITY (SIGHTSEEING BUS PERMITS).

The matter of the applications of the following-
named persons for new certificates of Public Convenience and
Necessity for the operation of Sightseeing Bus Permits was
called, the applications having been advertised in the offic-
ial newspaper in accordance with the provisions of ordinance
applying thereto.

Prior to this hearing, the Commission sent the
following letter to all applicants who desired to pursue their
applications for Sightseeing Bus Permits.

Dear Applicant:

Your attention is drawn to the fact that, at this time, the
Police Commission has received testimony with respect to two
applications for the issuance of per capita sightseeing bus
permits for persons operating wholly within the City and County
of San Francsjo.

If you desire to pursue your application for a per capita sight-
seeing bus permit, which was received on 1976

the following information will be necessary for consideration
by the Police Commission:

1. Evidence that you are financially responsible,

2. The persons now holding permits are under efficient
management and earning a fair and reasonable return on
their capital devoted to this business,

3. The person now holding permits are, under normal
circumstances, inadequately serving the public,
and

k- You have complied with all provisions of the Municipal
Code of San Francisco and/or State or Federal
laws applicable to the proposed operation.

You should be aware that no certificate of public convenience
and necessity can be issued until an applicant can show that he
can meet the requirements of Sectior. IO78 of the Municipal Police
Code.

-397-

All written material you may wish to submit should be received
by the Commission prior to June 6, 1977.

In order to expedite this matter, the taking of oral testimony
shall be limited in accordance with applicable Police Commisssion
rules.

A hearing on this matter is scheduled for Thursday, June 9, 1977.
at 5:30 P.M..

Your attention is drawn to Article 16 of the Municipal Police
Code regarding regulations for motor vehicles for hire.

Commissioner Siggins stated that the Commission had heard testi-
mony and evidence from two applicants along with testimony and
evidence from Greyline who is opposed to the issuance of new
sightseeing permits. He stated that it had been brought to the
Commission's attention that some time last year there were a
number of applications for permanent sightseeing busses and
that the Commission had not heard those and the Commission at
this time thought that it would be proper for the Commission to
send out the above mentioned letter to those still interested.
He then stated that the Commission would place a limit on any
presentation that might be heard. He then called the follow-
ing applicants in accordance with the filing dates on their
applications .

Date -

No. Filed

APPLICANTS

NUMBER OP
PERMITS

APPEARED

REPRESENTED
BY
COUNCIL

7-26-76

1

Walter Hoffman

3

YES

7-28-76

2

Roy L. Privett

h

YES

7-28-76

3

Paul M. Louie

10

YES

7-28-76

h

David Chang

10

YES

7-29-76

5

Thomas McCormack

12

YES

9-29-76

6

David A. Smith

YES

7-28-76

7

Richard Twining

10

YES

6-1-76

8

William Lee

5

YES

6-1-77

9

Alan T. Smith

20

YES

6-6-76

10

Thomas Tong

10

YES

Francis Brown

7-28-76

11

Warrend K. Miller

10

YES

David Sproul

8-13-76

D. Edward Garcia

10

NO

7-28-76

Victor Menses

h

NO

8-4-76

Mary M. Marson

1

NO

7-28-76

Newton Sherwood
Calhoun

10

NO

Charlie Alhadeff

5

NO

The following appeard to protest the granting of
additional Sightseeing Bus permits:

-398-

1. Mr. Craig McAttee, Attorney for Greyline

2. Mr. Bill Lazar, President of Luxor Cab Company

3» Mr. Edward M. Kovac, Attorney, representing
the Employees of Grayline, Chaffeur's Union.

k- Dana Matonas, Vice-President, Grayline

The following applicants have applied for sightseeing permits from
July thru August, 1976, and have yet to respond with financial
statements and other criteria requested by the Commission;

1. Arthur T. Holland 18.

2. A. Patruno 19.

3. Harry L. Taylor 20.
U. Carl R. Nelson 21.

5. Joseph Del Carlo 22.

6. Joe E. Haymaker 23 •

7. Otto M. Neumann 2U.

8. Tony Rose 25.

9. Larry Del Carlo 26.

10. Lynne Jo Anne Warren 27.

11. Joan Del Carlo Donohue 28.

12. Alan & Allan Corp. 29.

13. Thomas Francis Callaghan 30.
ll+. Edwin E. Segura 31*

15. Holiday Tours, Inc. 32.

16. Walter Yim 33*

17. Gwendolyn Louise Davis

Kenneth Mars on
Daniel F. McCarthy
William Prank Stubbe
Clifford Alvin Haugen
John Harry Trembly
Martin A. Levy
James 0. Hebenstreit
Gerald Tessum
Donald John Hall
Bipin M. Ramaiya
Shigeaki Suzuki
John De Campos
Nicholas Joseph Zamucen
Richard W. Kline
Ronald A. Gelini
Donald Jess Angus

The hearing on the applications for new Certifi-
cates of Public Convenience and Necessity (Sightseeing Bus
Permits) was cgntinued to Wednesday, June 22, 1977» at 5*30 P.M.,
in the Police Commission Hearing Room, Room 55l> Hall of Justice.

AYES: Commissioners Ciani, Gallegos, Murphy, Siggins

NOT VOTING: Commissioner Hall

The Commission then adjourned its meeting.

-399-

15 JUNE 1977 REGULAR MEETING

Ther^Police Commission of the City and County of
San Francisco met in their chambers, Boom 551 » Hall of Justice,
-"850 Bryant Street, on Wednesday, June 15, 1977 at 1730 hours in
regular session.

PRESENT: Commissioners Ciani, Gallegos, Murphy, Siggins
ABSENT: Commissioner Hall
Commissioner Siggins presiding.

m

JUL I

The members of the Commission, having beon. bur-
nished copies of the minutes of the meeting of May 18, 1977
and May 25, 1977 » the Commissioners having received copies
of same.

AYES: Commissioners Ciani, Gallegos, Siggins
NOT VOTING: Commissioner Hall

CHIEF'S REPORT TO THE POLICE COMMISSION
Chief Gain: "No report tonight Commissioner."

Commissioner Ciani: "I wish you would tell us something
about the recent activities regarding the Mitchell Brothers
premises."

Chief Gain: "It was a matter of the Central Division and
Captain Eimil acquiring information and making observations as to
the type of activities taking place in that establishment
and they determined that it was blatantly unlawful. So then
they took the action that led to the arrest of those parties.
They then went back last night also and as you may have heard
Mitchell alleged that the* activity undertaken is politically
motivated, which of course it was not. It was just a matter
that when the entertainment first started there it was not
of such a nature as to be unlawful and it just; deteriorated.
I guess would be the word, so we jus t took routine action
and it is our intention do do so in the futrue."

Commissioner Murphy: "I think I read in the paper that Mitchell
immediately started again after the first arrest or raid or
what ever it is, and then he immediately had a performance
the next night.'.'

Chief Gain: "Cleaned up. The act conformed with the law. And
we are going to be sure that the act continues to conform with
the law otherwise we will make arrests again."

Commissioner Gallegos: "On the question of Encounter Parlors,
are we getting many complaints on this?"

-1+00-

Chief Gain: "The tourist season is underway of course and
we are not getting, to my knowledge, the number of complaints
that we received last year for example. One reason "being is
that we feel they are acting more in conformity with the law
than they werepreviously. Presumably because of the ongoing
activity we have had to ensure that they do comply with the
law."

Commissioner Ciani: "Again on the subject that you and I
talked about, the complaints that I have been receiving from
the Merchants Association on Polk Street. You were planning
to step up the activities there, have you any results to report?"

Chief Gain: "No. I know that additional numbers of arrest
have been made based upon your talking with me and getting
other reports. I had a staff meeting and we did increase
our activity both from a standpoint of our application of
Patrol Personnel plus the Vice Division Personnel. There is
definitely a problem there and we are working on it. So there
will definitely be an improvement."

Commissioner Murphy: "What was the nature of the Merchants
complaints?"

Commissioner Ciani: "Well the Merchants Association pointed
out that, you can see there has been a radical change in the
area in the last several months. There is open notorious
activity in the way of prostitution of young boys and the
sale of drugs on the streets. And it's all very, very open
and the Merchants are upset about the kinds of characters
that are out there."

Chief Gain: "To respond to your question, Captain Bruneman
called the President of the Polk Street Merchants Association
and talked with them as a consequence of our conversation,
so we are communicating with them and we are addressing the
problem. So we will definitely get results. Polk Street as
we knov is experiencing a situation with increased drug sales
and then increased numbers of persons and some young gays on
the street to the detriment of some lawful activity there and
to business people also. So we are keeping that point in
mind. "

Commissioner Ciani: "We had a discussion last fall about the
October

Chief Gain: "Halloween?"

Commissioner Ciani: I know that there were other persons be-
sides myself that suggested that there should be some plan-
ning in advance of that event next year. Has there been any
such planning?"

Chief Gain: "Oh sure, we critiqued, both in regard to Hallo-
ween eve I guess it was on Halloween night, Polk Street and
the Castro area we had critique meetings with representatives
from both of those communities for the purpose of making plans
for Hew Years Eve. News Years Eve of course was relatively

-1+01-

quiet we had little problems. So we did communicate with
them and a two fold effort was undertaken, one, more imme-
diate police presence in adequate numbers taking appropriate
means to keep things peaceful and also persons from both
communities committed themselves to the acumen so far as moni-
toring conduct and trying to dissuade persons from engaging
in the harrasement type activities that has been going on.
So that was done. And we have continual communication with
them. For example, Captain Aufort at Mission in regard to
Castro Street, meets with persons there. That is on-going.
And the same with Polk that is on-going also."

Commissioner Ciani: "Well I am also concerned about the
public health and safety aspects which I imagine are not
really within our purview but the Committee meeting that
took place should have brought up those things such as the
lack of sanitary facilities, the off sale liquor sales, and
the broken glass that was about a foot deep along the streets."

Chief Gain: "Well that hasn't occurred."

Commissioner Ciani: "Well it will occur next Halloween."

Chief Gain: "Well it might but we will be better prepared.
What happened last time was of course in both areas that was
a phenomenon that had not occurred before in either area."

Commissioner Ciani: "But it has been escalating every year,
and it is safe to assume that next year it is going to be the
same or more crowded. ..."

Chief Gain: "Yes but with the combined efforts of the police
plus persons in the community it should be quiet so it would
be more of a cooperative effort. One thing of course we
can't control and that is persons coming from without those
two communities particularly young persons who are harrassing
Gays but we can influence that by police presence and so on
and we will, we definitely will. We have monthly meetings
of Captains in district stations who are obligated to meet
with Presidents of Merchants Associations in problem areas
particularly and they submit reports with a statement of the
problems that were discussed and objectives undertaken to
address those, problems. This is to the point that we do
this in an on-going way so come Halloween, very definitely
before that time we will get in communications with them, be
more sensitive to what the problems could be and then adopt
and) implement whatever plans we can to keep it quiet."

Commissioner Ciani: "We also talked about the fact that the
Board of Supervisors issues a permit to block the streets and
it does not condition the granting of the permit on the provision
of particular trash facilities and other facilities and perhaps
if the Merchants could get some kind of agreement respecting
off -sale liquor establishments or some might voluntarily close
down earlier or in some way prevent the massive amount of de-
bris on the street for the rest of the night."

Chief Gain: "The question of closing down is chiefly volun-
tary."

-1+02-

Commissioner Ciani: "The Merchants have a very good organi-
zation and might be able to work something out."

Commissioner Murphy: "Could you use the same technique that
was used last weekend, after the Dade County Florida vote, on
Castro and Polk involving the people in the community "

Chief Gain: "Well what happened there the first demonstra-
tion by Gay persons was on Tuesday night. That was quite a
massive one where they walked to Polk and then to Castro
and it was very well monitored by Gay persons, very well
controlled, and the police were there too. It was sponta-
neous so we provided appropriate escorts for safety purposes.
There was one Wednesday night, Thursday night, Friday night
and they were all very peaceful and some key Gay leaders in
the City, several, were present all the time and they really
monitored it themselves. The police presence was only nec-
essary for traffic control at intersections and so on, so it
was a very harmonious relationship and it worked out very
well."

Commissioner Ciani: "I have heard a lot of very favorable
comments from people and I want to commend the members of the
department who brought that off so smoothly."

Chief Gain: "Yes, I received telephone calls, several com-
mended members of the department in regard to Tuesday night
the biggest one, and I was out the last night myself and
there were very, very favorable comments about the conduct
of San Francisco Policemen. And very commendably for the
policemen too, were Gay persons who talked with me, I think
it was Saturday night, who had just recently come to Calif-
ornia and who had been accustomed in other areas from which
they came to a different type of police presence and conduct.
And they were amazed at the openess of the police, the coop-
erativeness of the police, their attitudes, and so on, and
particularly they were impressed of course with the presence
of the Chief of Police at a thing like that."

Commissioner Murphy: "I think you are to be complimented and
the force certainly should be complimented on the handling
of themselves because it could have been a very explosive
situation almost an incitement to riot.

Commissioner Ciani: "Do you expect any anti-Gay turnout at
the parade on the 26th?"

Chief Gain: "Oh, it is an unknown, I don't know."

Commissioner Ciani: "But there hasn't been any mention of a-
nother demonstration?"

Chief Gain: "No. No hecklers or any other signs."

Commissioner Gallegos: "Chief I am curious about the number of
request we might receive from other parts of the country on how
to handle different kinds of protests. It seems like we are the

-U03-

protest center of the country with loggers and Gays and you
name it we seem to experience it here."

Chief Gain: "Well I think that has already occurred, I think
that there is certainly an awareness I know this, Sxt so far
as the diversity of our communities, cultural diversity, and
the fact that the police department attitudingly generally re-
lates very well generally, they do, as we know and with all
the demonstrations, we have demonstrations in concerts, we
have them in Civic Center, we have them in front of the Fede-
ral Building and the State Building just virtually all of the
time and as you know this year, we do not have one complaint
in regards to demonstrations. The last one I can recall was
last year in regards to one demonstration at a Consulate. So
it is quite well known and people are very impressed that the
San Francisco Police Department personnel do relate effective-
ly. It is very commendable for police officers to do so.

Commissioner Ciani: "Well thanks for giving us a report."
TRANSFER OF JITNEY BUS PERMIT - APPROVED

The matter of the transfer of the right to oper-
ate a jitney "bus by the following-named person was called, it
having been advertised in the official newspaper in accordance
with the provisions of ordinance applying thereto. The trans-
feror and transferee appeared in person and were not represen-
ted by counsel. The Commission approved the transfer of what-
ever right, title or interest that the within named transferor
might have to operate a jitney bus to the within-named trans-
feree; said approval contingent upon the transferee filing
with the Police Commission the appropriate bond and/or insur-
ance policy as provided by the Police Code:

TRANSFEROR TRANSFEREE NO. OF PERMITS

Eli Watson James C. Rabb, Jr.

132 Tara Street 1+01 Garfield St.

San Francisco, Calif. San Francisco, Calif.

Route: Mission Street - Ferry to Sickles Avenue.
AYES: Commissioners Ciani, Gallegos, Murphy, Siggins
NOT VOTING: Commissioner Hall

RESOLUTION NO. 26U-77

POLICE OFFICER ROBERT COLEMAN. SOUTHERN POLICE STATION

WHEREAS, charges of violating the Rules and Pro-
cedures of the San Francisco Police Department were filed again-
st Police Officer Robert Coleman, Southern Police Station, as
follows :

SPECIFICATION NO. 1

Being under the influence of intoxicating liquor
to the extent of being unable to exercise police

-kok-

powers. (Violation of Section 2.125 of the
Rules and Procedures of the San Francisco
Police Department.)

by Charles R. Gain, Chief of Police of the San Francisco
Police Department; therefore be it

RESOLVED, that the hearing before the Police
Commission on charges filed against Police Officer Robert
Coleman, be and the same is hereby set for Wednesday,
June 29, 1977, at 5:30 p.m., in Room 551, Hall of Justice.

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioners Hall
RESOLUTION NO. 265-77

HEARING OF POLICE OFFICER ROBERT COLEMAN, SOUTHERN POLICE
STATION

WHEREAS, the hearing on charges filed against
Police Officer Robert Coleman for violating Section 2.125
of the Rules and Procedures of the San Francisco Police
Department was held on Wednesday, September 22, 1976; and

WHEREAS, the Commission at that time found
that Police Officer Robert Coleman had violated Section
2.125 of the Rules and Procedures of the San Francisco
Police Department; and

WHEREAS , as a part of the sentence, Officer
Coleman was placed on a probationary status for a period
of one year with the provision that he participate in the
Police Department's Alcoholic Abuse Program, and that Police
Officer John Devine, Special Assistant to the Chief of Police,
report to the Police Commission regarding Officer Coleman's
progress and condition; and

WHEREAS, the Police Commission has been informed
that Officer Coleman is now in violation of :tfcat probation:
(tiieii^fdrg' $»' it'-: . ■'■'*■:: .-.' 1 :■ .* '■ .-• :'• v

RESOLVED, that the Police Commission will hold
a hearing regarding Police Officer Robert Coleman's violation
of probation on Wednesday's June 29, 1977, at 5:30 p.m.,
in Room 551 , Hall of Justice.

AYES: Commissioners Ciani, Gallegos, Murphy, Siggins

NOT VOTING: Commissioner Hall

RECOMMENDATIONS OF THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendations of the Traffic
Bureau on the installations of stoning for the regulation of
traffic on the public streets, be, and the same are hereby
approved:

30 HYDE STREET - FEDERAL BUILDING

a) At 30 Hyde Street, install a 1*0' blue zone, to extend
from 4' - kh* north of Fulton.

-i+05-

701 O'FARRELL STREET - HYPE & O'FARRELL MARKET

a) At 701 O'Farrell St., install a 22' yellow zone, to extend
from 16' - 38' east of west property line.

1301 BAKER STREET - ACUPUNCTURE CLINIC

a) At 1301 Baker Street, install a 22' white zone, to extend
north from south property line.

2055 SACRAMENTO STREET - JACQUELINE COURT APARTMENTS

a) At 2055 Sacramento St., install a 22' white zone, to ex-
tend from 9' - 31 ' east of west property line.

370 TURK STREET - THE MINI - STORAGE OF S.F.

a) At 370 Turk St., install a Uk' yellow zone, to extend from
23 ' - 67' west of the east property line.

AYES: Commissioners Ciani, Gallegos, Murphy,
Siggins

NOT VOTING: Commissioner Hall
RESOLUTION NO. 259-77
REQUEST TO TRANSFER FUNDS

RESOLVED, that the Controller be and he is hereby
requested to transfer funds in the amount of $130,000 from un-
allotted funds in appropriation 7. 161. 300. 000. 000 (Materials
and Supplies) to allotted funds in appropriation 7. 315. 391. 000. 000
(Purchaser's Fuel and Lubricants) for the purchase of gasoline and
oil for police vehicles at the Hall of Justice service station.

AYES: Commissioners Ciani, Gallegos, Murphy, Siggins
NOT VOTING: Commissioners Hall

RESOLUTION NO. 260-77

AUTHORIZING ATTENDANCE OF POLICE OFFICERS JAMES KINAVEY, VLADIMIR
KOVALEFF, DAVID O'BRIEN, THOMAS PERDUE, AND RONNEY SHEPPARD AT THE
FIELD EVIDENCE TECHNICIAN TRAINING COURSE AT LONG BEACH, CALIFORNIA,
FROM JULY 12 TO JULY 29. 1977, INCLUSIVE.

RESOLVED, that the recommendation of the Chief of
Police that Police Officers James K_!.navey, Vladimir Kovaleff ,
David O'Brien, Thomas Perdue, and Ronney Sheppard be detailed to
attend the Field Evidence Technician Training Course at Long Beach
California, from July 12 to July 29, 1977 » inclusive, be, and the
same is hereby approved; and be it further

-U06-

RESOLVED, that expenses incurred by the above-
named officers in a sum not to exceed $978.1+0 each will be
defrayed by the Police Department's Police Officers' Training
Fund.

AYES: Commissioners Ciani, Gallegos, Murphy, Siggins
NOT VOTING: Commissioner Hall

RESOLUTION NO. 261-77

TRAVELING EXPENSE VOUCHERS - APPROVED

RESOLVED, that the Traveling Expense Vouchers
submitted by the following-named members of the Police De-
partment for expenses incurred in attending the below indicated
program, be, and the same is hereby approved:

Police Officer Michael J. Ambrose

Police Officer Kirk B. Brookbush ) $978 . i+0

each
Police Officer Alex E. Pagan

( Field Evidence
(Technician Train-
ling Course at Long
(Beach, California,
(from May 10 to May
(27, 1977, inclusive.

AYES: Commissioners Ciani, Gallegos, Murphy, Siggins
NOT VOTING: Commissioner Hall

RESOLUTION NO. 262-77

TRAVELING EXPENSE VOUCHERS - APPROVED

RESOLVED, that the Traveling Expense Vouchers sub-
mitted by the following-named members of the Police Department
for expenses incurred in attending the below indicated program >
be, and the same is hereby approved:

Lieutenant Sol P. Weiner
Lieutenant Robert M. Porni
Lieutenant Michael A. Brush
Lieutenant Prank V. Watts

Middle Management
Training Course,
Watsonville, Calif-
$680.00 ( ornia, from May 15
each ( to May 27, 1977,
inclusive.

AYES: Commissioners Ciani, Gallegos, Murphy, Siggins
NOT VOTING: Commissioner Hall

RESOLUTION MO. 263-77

AUTHORIZING ATTENDANCE OP DEPUTY CHIEF CLEMENT D. DEAMICIS AT THE
EXECUTIVE AND CRIMINAL INVESTIGATION FUNCTION SEMINAR IN ORLANDO,
FLORIDA. FROM JUNE 22 TO JUNE 2U. 1977, INCLUSIVE.

RESOLVED, that the recommendation of the Chief of
Police- that Deputy Chief Clement D. DeAmicis be detailed to
attend the Executive and Criminal Investigation Function Seminar
in Orlando, Florida, from June 22 to June 2l|, 1977, inclusive,
he, and the same is hereby approved; and be it further

RESOLVED, that expenses incurred by Deputy Chief
Clement D. DeAmicis in attending this seminar, will be defrayed
by the Police Foundation.

AYES: Commissioners Ciani, Gallegos, Murphy, Siggins
NOT VOTING: Commissioner Hall

WEEKLY SICK REPORT

Chief of Police Charles R. Gain submitted a report
of members of the Department off duty due to sickness and dis-
ability for the week ending Tuesday June 7, 1977 at 21+00 hours
as follows:

PREVIOUS WEEK

Daily average for week sick 71 62

Daily average for week dis-
abled 92 91

TOTALS 163 153

There was an increase of ten (10) members off duty daily from
previous week.

Daily percentage for week sick 3*35

Daily percentage for week dis-
abled 5.51+

TOTAL

8.89

Disabled

at

start of

week

92

Started during week

17

Returned

during week

12

Disabled

at

end of week

97

Net Gain

or

Loss

+5

SICK AND DISABLED FOR WEEK ENDING SATURDAY. JUNB~1, 1976 AT 21+00 HOURS

Daily average for week sick 1+2

Daily average for week disabled 112

TOTAL 151+

Daily percentage for week sick 2.32

Daily percentage for week disabled 6.53

TOTAL 8.85

SICK AND DISABLED FOR WEEK ENDING TU3SDAY, MAY 17, 1977 AT 21+00 HOURS

-1*08-

Daily average for week sick

Daily average for week disabled

TOTAL

Daily percentage for week sick

Daily percentage for week dis-
abled

TOTAL

87
-2L

183
9.62

The report was ordered filed.

AYES: Commissioners Ciani, Gallegos, Murphy, Siggins
NOT VOTING: Commissioner Hall

The Commission then adjourned its meeting.

409

S

22 JUNE 1977 REGULAR MEETING

The Police Commission of the City and
County of^San Francisco met in their chambers,
Room 551, Hall of Justice, 850 Bryant Street, on
Wednesday, June 22, 1977 at 1730 hours in regular
session .

PRESENT: Commissioners Ciani, Gallegos, Hall.
Murphy, Siggins

Commissioner Siggins presiding,

The members of the Commission, having
been furnished copies of the minutes of the meet-
ings of June 1, 1977 and June 8, 1977, reading
of same was dispensed with and the minutes were
approved.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "Mr. President, Members of the Commission,
I would like to comment on two items tonight, one,
last week there was a brief discussion initiated by
the Commissioners in regards to persons demonstrating
in the front of Consulates and I have the U.S. Code
Sections that seem to apply to anyone who parades,
demonstrates or speaks or whatever, in front of a
Consulate. But the main point is that in the near
future there will be a meeting among representatives
of police departments, U.S. Attorney's Office, Dis-
trict Attorney's Office's to talk about the applica-
tion of this law and also about the jurisdiction of
matters when there are problems in front of the Con-
sulates in San Francisco. And then after that meet-
ing, which I anticipate within the next couple of
weeks, I will submit a report on that from the meet-
ing. "

Commissioner Ciani: "Is this meeting going to re-
sult in a legal opinion that the Department will rely
upon as to what activity is covered by the Federal
Statute?"

Chief Gain: "Yes, in part. One thing we want to
clear up is jurisdictional matters, that is, when
persons for example sit in-.'at -Cons'.uMtes , will Federal
Law apply and will Federal Authorities take action,
or will State Law be appliec and San Francisco Police
Department become involved? These are constant mat-
ters in issue. We had one today for example. So we
want to get that clarified and also talk about this
particular law too. I think it has been raised in

410 -

the past, is this constitutional, given the
first amendment right to demonstrate. So we
will be talking about that, get all of these
areas inasmuch as we can, cleared up."

Commissioner Ciani: "Is there a sufficient
number of Marshalls in the area so that they
do enforce Federal Law in the City and County
of San Francisco?"

Chief Gain: "In regard to these matters?"
Commissioner Ciani: "These and other matters."

Chief Gain: "Well other matters, but in regard
to the Consulates, there are usually personnel
of the San Francisco Police Department who gets
involved. "

Commissioner Ciani: "Are they called in by the
Federal Authorities or are they ?"

Chief Gain: "Well, we have about 63 Consulate
Corps Offices here and we have constant liason
between the unit from the police department and
consulate officials who may have any type of
problem. This goes on everyday. And then when
particular matters come up then the jurisdiction
question can arise given a demonstration or some
problem within a Consulate. So the purpose of
the meeting is to talk about particular things
such as demonstrations and special potentialities,
who will become involved? Will the Federal Author-
ities become involved or only local authorities?
And the pattern has been in the past according to
reports from staff that usually it is a matter of
Federal Authorities saying, 'Let the locals do
it.' So we just want to get clarification. We
have very amicable relationships but clarity is
called for."

Commissioner Murphy: "Well, if they have enough
manpower it may be good for them to do it, because
we certainly don't have the men, 63 Consulates? Of
course, they are not all in trouble all of the time."

Chief Gain: "Oh no, I didn't mean to imply that."
Commissioner Murphy: "Oh, I know."

Chief Gain: "We initiated the meeting so we are
kind of desirious too of sharing personnel."

Commissioner Siggins : "That is a good idea Chief,

- 411 -

who Is the meeting going to consist of again
Chief?"

Chief Gain: "Representatives from the U.S.
Attorney's Office and the District Attorney's
Office and the Police Department and of course,
whatever other Federal or Local agency personnel
as may be appropriate. The other comment; you
received the crime summary for last month and as
you are aware, it reflects a five point, 1 percent
decrease in crime for the period of January through
May of 1977 compared to the same period last year
and particularly impressive are the decreases in
Forcible Rape of 15$, Robbery 19$, Burglary down
14$ and Larceny 3%. Now we have a 5 months trend.
So it does speak well for the efforts of the Police
Personnel and it is my opinion that it is not just
a matter of displacing crime from one geographical
area within the City of San Francisco, but rather
affecting through police and citizens efforts an
actual decrease. And I say that for the reason that
our Street Crime Unit which has had such significant
input to decreases in crime, has been working in
areas such as the Tenderloin, Western Addition, in
the inner and outer Mission where we have some real
problems. So that persons who were committing crimes
in those areas, one, have been arrested in great num-
bers, and secondly, are not committing them.- So I
just thought I would read them to you. And I might
say of course, in addition to our continous goal of
affecting serious crime as much as we can and getting
citizens involvement, that we also take police action
in regard to other matters such as disturbances in
Union Square. End of my report."

Mr. Robert Franchi : "Commissioners, I don't know if
this is right or not, I was gonna ask the Chief if
he would explain, and I know Chief that it has only
been about three days since you have taken action on
the illegal vans and I think you should tell the Com-
mission about what your position is because most of
the crooks are in this room. Crooks, Bandits or any
word you want to use. I believe are in this room.
But anyway, I wrote a letter to the District Attorney
of which you will get a copy tomorrow morning and
also you should try to get the District Attorney to
prosecute once the police has taken action. I have
also sent a copy to the Mayor. So I hope this gets
some action so if you arrest they will indeed prose-
cute . "

Commissioner Siggins : "I didn't really understand
what you are saying, Mr. Franchi, it is no reference
to the Frisbee playing, is it?"

Mr. Franchi: "No, I left it outside, they wouldn't
let me bring it in. But I was asking the Chief if
he would tell the Police Commission as well as some
of the interested parties here what is happening on
the illegal vans and the illegal limos that are opera-
ting on a per capita basis."

- 412 -

Chief Gain: "Well, what's happening and the
Commission's aware, we've had complaints about
illegal operations, so in addition to our Taxi
Detail from the Permit Bureau, we also now have
some other police personnel not always in uni-
form taking enforcement action. Is that to the
point? Now as to what is happening after the
police take action as far as the District Attorney
is concerned, I have no knowledge, nor do I have
a comment about that."

Commissioner Siggins : "Okay, well do you have
anything more Chief to report?"

Chief Gain: "No sir.

ii

Commissioner Siggins: "Does the Commissioners
have any questions?"

Commissioner Gallegos: "Chief, on the jurisdiction
of the Golden Gateway Recreation area, are they po-
licing the beach and those areas that they absorbed
into the Park network or do we still have some re-
sponsibility for those?"

Chief Gain: "Well, right now I guess a large part
is concurrent jurisdiction, concurrent jurisdiction
so that they police it and we also police it and
that matter has been under discussion now for 15
months. In process now is a Billing to the Federal
Authorities for police services rendered. How far
that is going to get I don't know but it has been
a continual problem of concern. The hope is that
they would formally take over and identify all of
those Federal lands."

Commissioner Murphy: "Have you sent a Bill to the
Federal Government?"

Chief Gain: "Well right now we are not quite at
that point. But some action is underway to accom-
plish that."

Commissioner Murphy: "About how much do you think
it will come to over a years time?"

Chief Gain: "I have no idea, I could get that in-
formation for you."

Commissioner Murphy: "Well it isn't a high prior-
ity, but I think it is worth reviewing."

- 413 -

RESOLUTION NO. 272-77

CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
(JITNEY BUS PERMIT) HEARING TO REVOKE - CONTINUED
OFF CALENDAR FOR ONE YEAR.

WHEREAS, there was granted to Mr. Inocencio
P. Bendo on September 30, 1971, a permit and/or li-
cense for the operation of one (1) jitney bus; and

WHEREAS, pursuant to an investigation
conducted by the Vehicle Inspection Detail of the
San Francisco Police Department, the Chief of Police
was advised that Inocencio P. Bendo was not opera-
ting his jitney bus and had not so operated said
vehicle for a period in excess of ten (10) consecu-
tive days and was, therefore, in violation of the
provisions of Section 1079 of the Police Code; and

WHEREAS, Mr. Inocencio P. Bendo appeared
before the Police Commission on Wednesday, June 22,
1977, and requested that he be allowed an extension
to buy a van and obtain a Class 2 drivers license;
and

WHEREAS, the Police Commission feels that
an extension of one (1) year would be sufficient
time to allow Mr. Bendo to buy a van and obtain a
Class 2 drivers license and put his jitney bus per-
mit into operation; therefore be it

RESOLVED, that the request of Mr. Bendo
for an extension to buy a van and obtain a Class
2 drivers license for the operation of his jitney
bus permit, be, and the same is hereby approved.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 273-77

CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
(JITNEY BUS PERMIT) HEARING TO REVOKE - CONTINUED
FOR THIRTY (30) DAYS.

WHEREAS, there was granted to Mr. Askor
K. Shankar on December 27, 1974, a permit and/or
license for the operation of one (1) jitney bus;
and

WHEREAS, pursuant to an investigation con-
ducted by the Vehicle Inspection Detail of the San
Francisco Police Department, the Chief of Police was

- kik -

advised that Askor Shankar was not operating his
jitney bus and had not so operated said vehicle for
a period in excess of ten (10) consecutive days and
was, therefore, in violation of the provisions of
Section 1079 of the Police Code and had failed to
pay his yearly taxes to the City and County of San
Francisco, and was therefore in violation of Sec-
tion 1094 of the Municipal Police Code; and

WHEREAS, the Police Department has been,
unable to locate Mr. Askor K. Shankar; and

WHEREAS, the Police Commission feels that
a thirty (30) days extension should be granted to
permit the Police Department time to locate Mr. Askor
K. Shankar so he may be granted a hearing as to why
his jitney bus permit should not be revoked; there-
fore be it

RESOLVED, that the Police Department's re-
quest for an extension of time to locate Mr. Shankar,
be, and the same is hereby approved.

AYES: Commissioners Ciani, Callegos, Hall,
Murphy, Siggins

RESOLUTION NO. 274-77

HEARING OF POLICE OFFICER CRAIG PIRO, BUREAU OF
SPECIAL SERVICES.

WHEREAS, the hearing of Police Officer
Craig Piro was called, it having been set for this
date; and

WHEREAS, Mr. Stephen Bruce Bley, Attorney
at Law, who is representing Police Officer Craig
Piro, has requested a continuance of this matter
as the case is still pending before the Courts;
therefore be it

RESOLVED, that the date for the hearing
of the disciplinary charges filed against Police
Officer Craig Piro is set for Wednesday, July 27,
1977 at 5:30 p.m., in Room 551, Hall of Justice.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 275-77

HEARING OF POLICE OFFICER ROBERT RODRIGUEZ, BUREAU
OF SPECIAL SERVICES.

WHEREAS, the hearing of Police Officer

- iii5 -

Robert Rodriguez was called, It having been set
for this date; and

WHEREAS, Mr. Stephen Bruce Bley, Attorney
at Law, who is representing Police Officer Robert
Rodriguez, has requested a continuance of this mat-
ter as the case is still pending before the Courts;
therefore be it

RESOLVED, that the date for the hearing
of the disciplinary charges filed against Police
Officer Robert Rodriguez is set for Wednesday, July
27, 1977 at 5:30 p.m., in Room 551, Hall of Justice

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

CONFLICT OF INTEREST CODE OF THE SAN FRANCISCO
POLICE DEPARTMENT - CONTINUED ONE WEEK.

Commissioner Ciani: "I have some questions about
this. We took this matter up before. We had a
model code that was very deficient and then there
were some meetings with the City Attorney and is
this the result?"

Officer Mike Seybold., Legal Office: "Yes, that is
correct . "

Commissioner Ciani: "Is this what is being floated
by the City Attorney for all Commissions and Boards?"

Officer Seybold: "This particular code was written
specifically for the police department, based on
guidelines issued by the City Attorney and the Clerk
of the Board of Supervisors who had meetings with the
Fair Political Practices Commission. Based on their
outline of guidelines for all city departments and
commissions, we came up with this particular version,
including all of the definitions and all of the re-
quirements that are needed based on the Government
Code Section and the City Charter and the guidelines
submitted by the Fair Political Practices Commission."

Commissioner Ciani: "There is nothing in the law
that treats this Department separately from other
Departments; so, what changes in here are tailored
to this Department, can you point them out?"

Officer Seybold: "Recently the tailoring occurred
in the definition of who are designated employees
and in the determination of what categories they
must disclose based on what is written in the Govern-
ment Code . "

- 416

Further discussion was held and Commissioner Ciani
stated that it is very difficult to comply with cat-
egory 3 of the proposed code where you have to anti-
cipate and list entities that might in the future
do business with the department. Mr. Arthur Schartis,
Attorney for Mr. David Gilmartin, Sightseeing appli-
cant and a member of the Bart Board, stated that
his people had the same problem and were worried
about the same language in the code. He suggested
that it be amended by adding the words reasonably
and foreseeable because it appears to have an ab-
stract standard that some company in which a person
owns stock some day does business with a district
and doesn't disclose it, he might be liable and
they felt that it had to be a reasonable standard.
Mr. Schartis further stated that it was their un-
derstanding that each entity is required to deter-
mine it's own code and proposes its code to the
Pair Political Practices Commission, they then nego-
tiate and agree with the terms arrived at in each
case. He stated, he didn't believe the department
would have any trouble in putting in a standard of
reasonableness .

Commissioner Siggins stated that he thought that
adding those words was a good idea.

Mr. Schartis stated that they went over their code
very thoroughly and would send the Commission a
copy for their perusal.

The matter was then continued for one week.

PUBLIC HEARING TO DETERMINE IF PUBLIC CONVENIENCE
AND NECESSITY EXISTS FOR THE ISSUANCE OF SIGHTSEEING
BUS PERMITS. (CONTINUED FROM MEETING OF JUNE 9, 1977)

The matter of the hearing on applications for new
Certificates of Public Convenience and Necesity
for the Operation of Sightseeing Busses was called,
it having been continued from the meeting of June
9, 1977-

The Police Commission resumed its hearing on appli-
cations of the following-named persons for new Certi-
ficates of Public Convenience and Necessity for the
operation of Sightseeing Busses:

Mr. Bill Armstrong, Attorney for Gray Line, and
Associate of Mr. Craig McAtee: "Before we get
started. I believe at the last meeting, Mr. McAtee
gave you some financial statements for Gray Line
and that they have had an accountant, Mr. Rotenberg
here for several weeks and if the written material
is adequate he would like to get that matter out
of the way and let Mr. Rotenberg leave. He stated

- 417

that the purpose of presenting that was because

one of the findings that is required by the code

is that the existing permit holders are making a
fair and reasonable return."

Commissioner Ciani then stated to Mr. Armstrong that
he had been granted additional time to present some
kind of response to the testimony that has already
been submitted. She then asked him how much time
he planned on taking to make his presentation.

Mr. Armstrong stated that he would take only 10
or 15 minutes.

Mr. Schartis, attorney for Mr. David Gilmartin,
Sightseeing applicant, at this time requested if
he could have just a couple of minutes after Mr.
Armstrong's presentation.

Mr. Alexander Anolik, attorney for San Francisco
Hosts, stated that if Mr. Rotenberg was to be dis-
missed and the Commission intended to accept this
statement, he would request he be allowed to ask
one or two questions of Mr. Rotenberg regarding
the objections of his client who heartily contest
that which they (Gray Line) are trying to attest
in their statement.

Mr. James Klapp, attorney for Lorries Travel and
Daniel McCarthy, then interruped and stated that
his clients had been unable to present their case
and that he filed his clients financial statements
with the Commission Office this date. He stated
that his clients had appeared on June 9, 1977s but
did not have current financial statements and chose
not to make a presentation at that time. He stated
now they are ready to go ahead with a short presen-
tation. He stated that Lorries Traveling Tours and
Daniel McCarthy both at the time filed their appli-
cations 6 months or so ago, each requested 10 permits.
He stated that he was now representing both and that
they have combined forces and determined that together
they would be able to operate 10 busses and are fore-
going the other 10 .

The Commission then allowed him to make his pre-
sentation .

After Mr. Klapp finished his presentation, Mr. Randall
Pacinto, attorney for Mr. Tim O'Connor, stated that
he appeared very briefly at the last hearing for
O'Connor Limousine Service. He stated that he would
like at this time to submit to the Commission a state-
ment of the position of the O'Connor Limousine Service
and the Police Commission may or may not know that his
client has on file with the Public Utilities Commission,
right now, an application which is now pending for
Sightseeing Tour Service and one of the Sightseeing
Tours involved is a San Francisco Sightseeing City Tour.

- 418 -

He stated that a financial statement for O'Connor
Limousine was submitted for the prior hearing and
other exhibits are attached to this statement which
explains the service O'Connor Limousine could offer
for the Sightseeing Tour public of the City. He
stated that he hoped these exhibits makes clear
that they are prepared to operate a substantial
Sightseeing Tour Service.

Commissioner Siggins then called up Mr. Armstrong
to continue with his presentation.

Mr. Armstrong stated that he would call upon Mr.
Rotenberg to give testimony at this point since
he was anxious to let him go. He then stated that
to set the pertinence of all of this he was invit-
ing the Commission's attention to the provisions
of Section 1076b which requires among other find-
ings that the Commission finds that the persons
holding permits are under efficient management
earning a fair and reasonable return on their cap-
ital devoted to the service and that is why they
were getting into this testimony at this point.
Mr. Rotenberg then presented a statement to the
Commissioners of which Mr. Armstrong commented
that the conclusion essentially stated in Mr.
Rotenberg' s written remarks are to the effect that
at the present time the Gray Line operation is
not earning a fair and reasonable return and that
they are under efficient management and have di-
minished returns due to other causes.

Witnesses for Gray Line

Mr. Bernard Rotenberg, Certified Public Accountant
Mr. James Mulpeters, President, Gray Line, Inc.

The following attornies then gave a summary of what
their individual positions were in respect to their
clients, their operations and Gray Line's current
position and operating procedures.

Mr. Alexander Anolik, representing San Francisco

Hosts .

Mr. Arthur Schartis, representing Mr. David Gilmartin,

Mr. Bill Armstrong and Mr. Robert Franchi made brief
summarizations on behalf of Gray Line.

Commissioner Siggins then stated that the matter
of Applications for the issuance of Sightseeing
Permits has now been submitted and is taken under
advisement .

(The entire matter was taker, in shorthand
form by Carol Fusco, C.S.R., of Schiller
& Combs - 673-7748)

- 419 -

RECOMMENDATIONS OP THE TRAFFIC BUREAU - APPROVED

RESOLVED, that the recommendations of
the Traffic Bureau on the installation of zoning
for the regulation of traffic on the public streets,
be, and the same are hereby approved:

576 FOLSOM STREET - PIONEER PHOTO LAB

a) At 576 Folsom Street, install a 34'
yellow zone, to extend west of east
property line - and revoke existing
34' green zone.

5499 CALIFORNIA STREET - (FORMERLY JEWEL CITY MARKET)

a) At 5499 California Street, revoke
existing 36' green zone.

939 IRVING STREET -PETER PAN NURSERY SCHOOL

a) At 939 Irving Street, install a 22'
white zone, to extend west of east
property line - Also remove parking
meter IRVING - 929.

814 CLEMENT STREET - BUTLER FURNITURE CO.

a) At 814 Clement Street, install a 22*
yellow zone, to extend from 11' - 35'
west of the east property line.

651 - SIXTH STREET - FRANK MCCOPPIN SCHOOL

a) At 651 - Sixth Street, install a 22'
yellow zone, to extend from 70' - 92'
north of the south property line.

1717 HARRISON STREET - CANNED FOODS, INC

a) At 1717 Harrison Street, install a 30
green zone, to extend from 46' - 76'
south of the north building line. (An
extension) .

6258 THIRD STREET - EARL'S INTER CITY RECORD SHOP

a) At 6258 Third Street, install a 22'
green zone, to extend south from
north building line.

- 420 -

102 PARK STREET - ROSS-DOVE CO. - (AUCTIONEERS)

a) At 102 Park Street, Install a 24' yellow
zone, to extend east of west property
line .

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

REVOKED

RESOLVED, that the recommendations of
the Traffic Bureau on the revocation of 70 feet
of green zones, at various parts of the City at
the locations submitted, be, and the same are
hereby approved.

RESOLUTION NO. 266-77

CALIFORNIA CASUALTY INSURANCE CO
(JOHN WARD)

RESOLVED, that the recommendation of the
City Attorney for settlement of unlitigated claim
of California Casualty Insurance Company (John Ward)
against the City and County of San Francisco in the
sum of $401.00 as the result of a collision with a
police vehicle, be, and the same is hereby approved.

Date of Accident: March 5, 1977

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 267-77

CALIFORNIA STATE AUTOMOBILE ASSOCIATION
( GLORIA TONG)

RESOLVED, that the recommendation of the
City Attorney for settlement of unlitigated claim
of the California State Automobile Association
(Gloria Tong) against the City and County of San
Francisco in the sum of $1,244.43 as the result
of a collision with a police vehicle, be, and the
same is hereby approved.

Date of Accident: March 27, 1977

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

- 421 -

RETIREMENTS

Communications were received from the
Retirement Board officially notifying the Police
Commission of the retirement of the following-
named members of the Police Department:

a) Sergeant Donald A. Lemstrom, Personnel
Bureau, for service, effective May 31,
1977.

b) Inspector Willie E. Johnson, Bureau
of Inspectors, for industrial disa-
bility, effective July 27, 1977.

The communications were ordered filed

AYES: Commissioners Ciani, Gallegos, Hall
Murphy, Siggins

RESOLUTION NO. 268-77

AUTHORIZING ATTENDANCE OP POLICE OFFICERS JAMES
KINAVEY, VLADIMIR KOVALEFF, LORIN DUBOUR, THOMAS
PERDUE AND RAYMOND CARLSON, AT A FIELD EVIDENCE
TECHNICIAN TRAINING COURSE AT LONG BEACH, CALIFORNIA,
FROM JULY 12,1977 TO JULY 29, 1977, INCLUSIVE.

RESOLVED, that the recommendation of the
Chief of Police that Police Officers James Kinavey,
Vladimir Kovaleff, Lorin Dubour, Thomas Perdue and
Raymond Carlson, be detailed to attend the Field
Evidence Technician Training Course at Long Beach,
California, from July 12, 1977 to July 29, 1977,
inclusive, be, and the same is hereby approved; and
be it further

RESOLVED, that expenses incurred by the
above-named officers in a sum not to exceed $978.40
each will be defrayed by the Police Department's
Police Officers' Training Fund.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 269-77

AUTHORIZING ATTENDANCE OF LIEUTENANT ARTHUR 0 ' KEEFE ,
CRIME SPECIFIC TASK FORCE, AT THE CIVIL EMERGENCY

- 422 -

MANAGEMENT TRAINING COURSE AT SAN LUIS OBISPO,
CALIFORNIA, PROM AUGUST 21, 1977 TO AUGUST 26,
1977, INCLUSIVE.

RESOLVED, that the recommendation of
the Chief of Police that Lieutenant Arthur O'Keefe,
Crime Specific Task Force, be detailed to attend
the Civil Emergency Management Training Course
at San Luis Obispo, California, from August 21,
1977 to August 26, 1977, inclusive, be, and the
same is hereby approved; and be it further

RESOLVED, that expenses incurred by
Lieutenant Arthur O'Keefe, Crime Specific Task
Force, in a sum not to exceed $275.00 will be
defrayed by the Police Department's Police
Officers' Training Fund.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

RESOLUTION NO. 270-77

AUTHORIZING ATTENDANCE OF ASSISTANT INSPECTORS
THOMAS GERARD AND STEPHEN GUDELJ, AT A NARCOTICS
INVESTIGATION TRAINING COURSE AT THE CALIFORNIA
DEPARTMENT OF JUSTICE ADVANCED TRAINING CENTER,
SACRAMENTO, CALIFORNIA, FROM JULY 18, 1977 TO
JULY 29, 1977, INCLUSIVE.

RESOLVED, that the recommendation of
the Chief of Police that Assistant Inspectors
Thomas Gerard and Stephen Gudelj , Narcotics Bur-
eau, be detailed to attend the Narcotics Investi-
gation Training Course at the California Depart-
ment of Justice Advanced Training Center, Sacra-
mento, California^ from July 18, 1977 to July
29, 1977, inclusive, be, and the same is hereby
approved; and be it further

RESOLVED, that expenses incurred by
Deputy Chief of Administration Kevin J. Mullen
and Inspector Cecil Pharris, in a sum not to
exceed $133.50 each will be defrayed by the Police
Department's Police Officers' Training Fund.

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

WEEKLY SICK REPORT

Chief of Police Charles R. Gain, submitted
a report of members of the Department off duty due

423

to sickness and disability for the week ending
Tuesday, June 14, 1977, as follows:

PREVIOUS WEEK

Daily average for the week sick 69 71

Daily average for the week dis-
abled 88 92

TOTALS 157 163

This is a decrease of six (6) members off duty
daily from the previous week.

Daily percentage for the week sick 3.24
Daily percentage for the week disabled 5.30

TOTAL 8 . 54

Disabled at start of week 93

Started during the week 11

Returned during the week 11

Disabled at the end of week 93

Net Gain or Loss 0

SICK AND DISABLED FOR WEEK ENDING SATURDAY, JUNE
9, 1976 AT 2400 HOURS:

Daily average for the week sick 42

Daily average for the week disabled 112

TOTAL 154

Daily percentage for the week sick 2.32

Daily percentage for the week disabled 6 . 53

TOTAL 8.85

SICK AND DISABLED FOR WEEK ENDING TUESDAY, MAY 24,
1977 AT 2400 HOURS:

Daily average for the week sick 87

Daily average for the week disabled 96

TOTAL 183

Daily percentage for the week sick 4.14

Daily percentage for the week disabled 5 .48

TOTAL 9.62

- 424 -

The report was ordered filed,

AYES: Commissioners Ciani, Gallegos, Hall,
Murphy, Siggins

The Commission then adjourned its meeting,

a

P.-

sw

SECRB¥AfeY 7

- 425

29 june 1977 regular meeting
^Ha^uuMj

The Police Commission of the City and
County of San Francisco met in their chambers,
Room 551, Hall of Justice, 850 Bryant Street, on
Wednesday, June 29, 1977 at 1730 hours, in regular
session .

PRESENT: Commissioners Ciani, Hall, Murphy,
Siggins

ABSENT: Commissioner Gallegos

II !
Commissioner Siggins presiding;.

° -co

PUBLIC LI3RARY

The members of the Commission, having
been furnished copies of the minutes of the Special
Meeting of June 9, 1977 and the Regular meeting of
June 15, 1977, reading of same was dispensed with
and the minutes were approved.

AYES:' Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

CHIEF'S REPORT TO THE POLICE COMMISSION

Chief Gain: "The only comment I have by way of
report is, Sunday, substantial numbers of police,
several hundred, were involved in peace keeping
at a parade. I wish Deputy Chief Mullen were here
because I wanted to commend him and I will in his
absence. He was the individual that was in charge
of getting together an operational plan, actually
the first written operational plan the department
has ever had for that type of an event and Chief
Mullen spent many hours along with other staff and
you know well the whole police effort went very suc-
cessful for It was a very peaceful parade. I just
wanted to comment on that. We did acquire a lot of
experience as far as operational planning for the
police . "

Commissioner Ciani: "I have had several comments
made to me and Commissioner Murphy said she has
received compliments from many people who were in-
volved in that parade or observed it and they were
all extremely complimentary of the way that it was
handled by the Police Department. And I think we
should commend all of the members of the Department
who took part in "■that for t.ie excellent work that
they did."

- 426 -

Chief Gain: "If you want to specify two individ-
uals, I recommend that you commend particularly
Deputy Chief Kevin Mullen and Commander Agustius
Bruneman, two individuals who literally spent hours
and hours on planning."

Commissioner Murphy: "I would like to do that, but
I would also like to commend the personnel of the
Department. Actually, I have asked some of my friends
who have mentioned it that they should write to you
or to the Commission and tell why they thought it was
so well handled. It was certainly a critical and very
explosive situation."

Chief Gain: "I have recently received about 5
letters commending the police department and men-
tioning the conduct of police personnel."

Commissioner Murphy: "Should this be done in a
resolution?"

Commissioner Ciani: "I was thinking that we could
write a letter to the men, Deputy Chief Mullen and
Commander Bruneman, complimenting them and ask them
to convey our personal congratulations to all of
their men."

Chief Gain: "And I don't want to overlook Com-
mander Seghy also. Basically, we started with a
traffic plan for the parade with Captain Seghy and
his staff who worked very hard on that."

Commissioner Siggins: "I recognize that the plans
were set beforehand Chief. You went out to meet-
ings to keep things in order and it worked out al-
right. The functional thing was carried out on that
day by the sworn personnel with excellent profession-
alism from what we have all heard."

Commissioner Ciani: "I think something we can be
particularly proud of is the image that the Depart-
ment conveyed to people from out of town. A lot
of gay people from out of town who are here and who
aren't accustomed to having such cooperation from
police in their own cities, were very impressed with
the way that this Department functions."

Chief Gain: "I almost had to take out my star to
prove to people that I was the Chief of Police.
They didn't believe that the Chief of Police would
be on the scene and so on, for that type of thing.
That is the end of my report."

TRANSFER OF TAXICAB PERMITS - APPROVED

The matter of the transfer of the right to

- 427 -

operate taxicabs by the following-named persons
was called, it having been advertised in the
official newspaper in accordance with the pro-
visions of ordinance applying thereto. The Trans-
ferees and Transferors appeared in person and were
represented by counsel. The Commission approved
the transfer of whatever rights, titles or interests
that the within-named transferors might have to op-
erate taxicabs to the within-named transferees;
said approval contingent upon the transferees fil-
ing with the Police Commission the appropriate bond
and/or insurance policy as provided by the Police '
Code:

TRANSFERORS TRANSFEREE NO. OF PERMITS

Carl Lee and Carward Enterprises, Inc. 6

Hayward Wong 1536 Pacific Avenue

1536 Pacific Avenue San Francisco, California
San Francisco, California

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

RECOMMENDATIONS OF THE AWARDS COMMITTEE

Commissioner Murphy: "I had the honor and pleasure
of Chairing this particular Awards Committee. It
is the first one that I have been able to attend
and it was a very, very inspiring situation.

I was particularly interested (and I think it is
something for the citizens to take note of) in the
fact that 5 of the 12 incidents involved psychotics
or addicts who acted in a psychotic manner, making
for a very dangerous situation for these officers
to meet .

I think another thing that interested me and I know
it did the Captains because they had several quest-
ions on it, was that about three of the men who
were apprehended and taken to court were immediately
put out on probation and one of them then killed his
wife about two weeks later. I think it is something
that we must work on, I don't know how we would do
it, but our probation system isn't working and it
is a terrible waste not only of manpower and money
it is a terrible waste of human life.

People are apprehended, adjudged guilty, and then are
put on probation. They are very, very sick people,
they are psychotic and dangerous people. I just think
we must someday address ourselves to it if not as a
Police Commissic1 then certainly as citizens of this
state .

- 428 -

I understand that part of it is a state require-
ment with local jurisdictions that in so far as
possible to take care of their own criminals and
problems via probation rather than sending them
to State facilities. Maybe we have to build some
more facilities, but something should be done.

There are two other items upon which I would like
the Commission to agree with me. Officer William
H. Warnke came within one vote of receiving a
Silver Medal. He faced a psychotic armed and masked
criminal in a 4th floor apartment and was able to
disarm him without any danger to either the occupants
of the apartment or to himself, he got the man out
and was able to arrest him. The second incident
involved two officers whohcamer.wit'hiB one wot e. or" receiving
a Silver .Medal, Officers Emile E. Fortenberry and Dale L.
Smith, and agains they arrested without anyone get-
ting injured or killed, three armed robbers in a
grocery store, one of whom was a woman who was
in the rear and out of sight of the officers until
they discovered her during their investigation, sub-
sequently bringing all of them under control. I
would like to recommend that they also receive
Silver Medals instead of Bronze."

Commissioner Siggins : "The motion is for Police
Officers William H. Warnke, Emile E. Fortenberry
and Dale L. Smith to have their awards upgraded
from a Bronze Medal of Valor to a Silver Medal of
Valor."

Commissioner Hall: "Second."
Commissioner Siggins: "All in favor?"

Commissioner Siggins: "Thank you Commissioner
Murphy for Chairing the Awards Committee . I think
we should schedule a time to make the presentation
for the Awards."

The date for the presentation of the Awards was sub-
sequently set for July 20, 1977, at 5:30 p.m., in
the Commission Hearing Room, Room 551.

RESOLUTION NO. 305-77

RECOMMENDATIONS OF THE AWARDS COMMITTEE - APPROVED

RESOLVED, that the following-named members
of the Police Department, be, and they are hereby
granted Awards of Valor - Silver Medal, and Bronze
Medal, under the provisions of Section 5.119 of the
Rules and Procedures of the San Francisco Police
Department as approved by the Awards Committee on

- 429 -

Friday, June 2k, 1977:

Police Officer Robert L. Dryden .... Silver Medal of Valor

Police Officer Alex E. Fagan Silver Medal of Valor

Police Officer Patrick G. Henry .... Silver Medal of Valor

Police Officer Edward W. McMills .. .Silver Medal of Valor

Police Officer Lee A. McVeigh Silver Medal of Valor

Police Officer Richard R. Weick ... .Silver Medal of Valor

*Police Officer Emile E.

Fortenberry Silver Medal of Valor

*Police Officer Dale L. Smith Silver Medal of Valor

*Police Officer William H. Warnke ... Silver Medal of Valor

Police Officer William F. Boniface .Bronze Medal of Valor

Police Officer Charles E.

Brewster, III ... .Bronze Medal of Valor

Police Officer Robert J. Cardinale .Bronze Medal of Valor

Police Officer Michael E. Connors . .Bronze Medal of Valor

Police Officer Thomas A. Crawford. .Bronze Medal of Valor

Police Officer Thomas J. Gerard ... .Bronze Medal of Valor

Police Officer Jacklyn M. Jehl Bronze Medal of Valor

Police Officer Ronald P. Kern Bronze Medal of Valor

Police Officer Sanford J.

Richterman Bronze Medal of Valor

Police Officer Charles R. Robinson .Bronze Medal of Valor

Police Officer Arnold E. Strite .... Bronze Medal of Valor

Police Officer Lamont W. Suslow ... .Bronze Medal of Valor

Police Officer Martin J. Walsh Bronze Medal of Valor

NOTE: *Changed from Bronze Medals of Valor to Silver
Medals of Valor on recommendation of the
Police Commission.

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 30 6 -77

REWARDS GRANTED TO MEMBERS OF THE POLICE DEPARTMENT
WHEREAS, the following-named members of

- 430

the Police Department have been commended for
courageous service under the provisions of Sec-
tion 5.119 of the Rules and Procedures of the
San Francisco Police Department at a meeting of
the Police Commission held on Friday, June 24,
1977; and

WHEREAS, Chief of Police Charles R. Gain
has recommended to the Police Commission that the
said members be rewarded under the provisions of
Section 8.405(a) of the Charter of the City and
County of San Francisco; therefore be it

RESOLVED, that Police Officers Robert L.
Dryden, Alex E. Fagan, Patrick G. Henry, Edward
W. McMills, Michael W. McNeill, Lee A. McVeigh,
Richard R. Weick, Emile E. Fortenberry, Dale L.
Smith and William H. Warnke, be, and they are hereby
awarded Silver Medals of Valor and granted a reward
of $100.00 each as provided for under said section
of the Charter; and be it further

RESOLVED, that Police Officers William F
Boniface, Charles E. Brewster, III., Robert J.
Cardinale, Michael E. Connors, Thomas A. Crawford,
Thomas J. Gerard, Jacklyn M. Jehl, Ronald P. Kern,
Sanford J. Richterman, Charles R. Robinson, Arnold
E. Strite, Lamont W. Suslow and Martin J. Walsh,
be, and they are hereby awarded Bronze Medals of
Valor and granted a reward of $50.00 each as pro-
vided for under said section of the Charter.

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 307-77

HOLD HARMLESS AGREEMENT WITH PACIFIC GAS AND ELECTRIC
COMPANY AND BANK OF AMERICA.

WHEREAS, the Police Department is in need
of supplemental vehicles to aid in the investigation
of and apprehension of persons engaged in street
crimes: and

WHEREAS, the Pacific Gas and Electric Com-
pany and the Bank of America have offered to allow
the department to use vehicles supplied by them in
exchange for a Hold Harmless Agreement; therefore
be it

RESOLVED, that the following proposed
ordinance which provides for a Hold Harmless Agree-
ment between the San Francisco Police Department
and Pacific Gas and Electric Company and the Bank
of America for the use of loaned vehicles is hereby
transmitted to the Board of Supervisors for adoption

431 -

AMENDED CHAPTER I, SAN FRANCISCO ADMINISTRATIVE
CODE, BY ADDING SECTION 1.25 THERETO, RELATING
TO A HOLD HARMLESS AGREEMENT WITH PACIFIC GAS
AND ELECTRIC COMPANY AND BANK OF AMERICA.

Be it ordained by the People of the City and
County of San Francisco:

Section 1. Chapter I, San Francisco Admin-
istrative Code, is hereby amended by adding Section
1.25 thereto, reading as follows:

Section 1.25. Hold Harmless Agreement with Pacific
Gas and Electric Company and Bank of America.
The Police Commission is hereby authorized to enter
into a Hold Harmless Agreement with the Pacific Gas
and Electric Company and with the Bank of America for
the purpose of obtaining vehicles for the police
department's Street Crimes Unit. The agreement shall
be for vehicles on loan from the two private firms,
copies of which are on file with the Clerk of the
Board of Supervisors in file number

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

CONFLICT OF INTEREST CODE OF THE SAN FRANCISCO POLICE
DEPARTMENT (CONTINUED FROM MEETING OF JUNE 22, 1977)

Commissioner Siggins stated that the Commission had
received the recommended amendment to the Department's
Conflict of Interest Code from Officer Mike Seybold.
It was suggested at last week's meeting by Mr. Arthur
Schartis, attorney and member of the Bay Area Rapid
Transit Board that the Department's Conflict of In-
terest Code be amended by adding a reasonable and fore-
seeable clause to category 3 of the code. A copy of
the Model Ordinance that the Department based its
argument upon was also given to the Commission. Police
Officer Paul Chignell representing the Police Officers'
Association was then acknowledged by Commissioner
Siggins as having requested to speak.

Officer Chignell stated that the Police Officers'
Association would like to meet and confer with the

- 432 -

Commissioner on the Conflict of Interest Code be-
fore any legal action is taken by the Commission.
He stated that the POA agreed wholeheartedly with
a Conflict of Interest Code as it is mandated by
State Law, however, he stated, it is the subject
of a meet and confer process as there are 17 mem-
bers of the Association covered by the provisions
of this code. The Association, he stated, would
like to have the opportunity to discuss the code
with them. Commissioner Siggins agreed to this
request and then asked Officer Chignell to have
the Association put their arguments in writing and
present it to the Commission prior to a meet and
confer session. The Commission then scheduled a
meet and confer session with the S.F.P.O.A., this
subject for Monday, July 25, 1977, at 5:30 p.m.

RESOLUTION NO. 308-77

HEARING OF POLICE OFFICER ROBERT COLMAN, , SOUTHERN
POLICE STATION

WHEREAS, the hearing of Police Officer
Robert Caiman, Southern Police Station, was called,
it having been set for this date; and

WHEREAS, the Police Department requested
a continuance in the hearing of Police Officer Robert
Caiman, . because of the unavailability of the key
witness; therefore be it

RESOLVED, that the date for the hearing
of the disciplinary charges filed against Police
Officer Robert Colman:: is set for Wednesday, July
13, 1977 at 5:30 p.m., in Room 551, Hall of Justice

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 304-77

REQUEST FOR SUPPLEMENTAL APPROPRIATION,

RESOLVED, that the Controller, be, and
he is hereby requested to draw a Supplemental Ap-
propriation in the amount of $184,345 from any
legally availably funds, and credit it to the fol-
lowing appropriation numbers in the amounts shown:

Appropriation No. 6 . l6l . 110 . 000

Permanent Salaries-Uniform Force $106, 006

- ^33

Appropriation No. 6 . l6l . 863 . 000

Mandatory Fringe Benefits
Transfer to: 7.697.860.000 $ 78,339

$184,345

for implementation of Civil Service Commission Leg-
islation amending the 1977-78 Annual Salary Ordi-
nance to establish a new rate of pay for Q35 Assist-
ant Inspectors with two years of service; effective
July 1, 1977.

AYES: Commissioners Ciani, Hall, Muprhy,
Siggins

NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 276-77

MADELINE M. GIACHETTO

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Madeline
M. Giachetto against the City and County of San Fran-
cisco in the sum of $18.00 as the result of a faulty
tow, be, and the same is hereby approved.

Date of Incident: March 5, 1977

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 277-77
MS. FRANCES MALONE

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Ms.
Frances Malone against the City and County of San
Francisco in the sum of $22.00 as the result of a
faulty tow, be, and the same is hereby approved.

Date of Incident: July 30, 1976

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

- 434 -

RESOLUTION NO. 278-77
JUDY LAND

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Judy
Land against the City and County of San Francisco
in the sum of $21.00 as the result of a faulty tow,
be, and the same is hereby approved.

Date of Incident: December 6, 1976

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 279-77

JOSEPH S. KIEHMAN

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Joseph
S. Kiehman against the City and County of San Fran-
cisco in the sum of $22.00 as the result of a faulty
tow, be, and the same is hereby approved.

Date of Incident: March 21, 1977

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 280-77

WILLIAM ANTONIK

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of William
Antonik against the City and County of San Francisco
in the sum of $20.50 as the result of a faulty tow,
be, and the same is hereby approved.

Date of Incident: February 8, 1977

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

- 435 -

RESOLUTION NO. 281-77
ANDREW M. GOODEN SR .

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Andrew
M. Gooden Sr., against the City and County of San
Francisco in the sum of $18.00 as the result of a
faulty tow, be, and the same is hereby approved.

Date of Incident: January 23, 1977

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 282-77

GEORGE J. HARMINA, JR,

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of George
J. Harmina, Jr., against the City and County of San
Francisco in the sum of $24.00 as the result of a
faulty tow, be, and the same is hereby approved.

Date of Incident: February 10, 1977

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 283-77

CHARLES H. KELLEM, JR.

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Charles
H. Kellum, Jr., against the City and County of San
Francisco in the sum of $18.00 as the result of a
faulty tow, be, and the same is hereby approved.

Date of Incident: February 9, 1977

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

436 -

RESOLUTION NO. 284-77

LEONARD R. MCKINLEY

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Leonard
R. McKinley against the City and County of San Fran-
cisco in the sum of $43.00 as the result of a faulty
tow, be, and the same is hereby approved.

Date of Incident: March 20, 1977

AYES: Commissioners Ciani, Hall, Murphy
Siggins

NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 285-77

MARGARITA KAMPER

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Margarita
Kamper against the City and County of San Francisco
in the sum of $22.00 as the result of a faulty tow,
be, and the same is hereby approved.

Date of Incident
AYES:

March 20, 1977

Commissioners Ciani, Hall, Murphy.
Siggins

NOT VOTING:

Commissioner Gallegos

RESOLUTION NO. 286-77

MAMERTO VILLANUEVA

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Mamerto
Villanueva against the City and County of San Fran-
cisco in the sum of $22.00 as the result of a faulty
tow, be, and the same is hereby approved.

Date of Incident: March 20, 1977

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

- ^37 -

RESOLUTION NO. 287-77

LAWRENCE K. POTTS

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Lawrence
K. Potts against the City and County of San Francisco
in the sum of $20.00 as the result of a faulty tow,
be, and the same is hereby approved.

Date of Incident: March 20, 1977

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 288-77

WILLIAM D. WRIGHT

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of William
D. Wright against the City and County of San Francisco
in the sum of $20.00 as the result of a faulty tow, be,
and the same is hereby approved.

Date of Incident: March 19, 1977

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 289-77

STATE FARM INSURANCE
AND JAMES HOWARD

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of State
Farm Insurance Company and James Howard against the
City and County of San Francisco in the sum of $122.59
as the result of a collision with a police vehicle,
be, and the same is hereby approved.

Date of Accident: November 5, 1976

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING:

Commisisoner Gallegos

- 438 -

RESOLUTION NO. 290-77

FAWAZ ALHORANI

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Fawaz
Alhorani against the City and County of San Francisco
in the sum of $319.23 as the result of a collision
with a police vehicle, be, and the same is hereby
approved.

Date of Accident: April 9, 1977

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 291-77

BRUCE G. CRAYTON

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Bruce
G. Crayton against the City and County of San Fran-
cisco in the sum of $295.99 as the result of a faulty
tow, be, and the same is hereby approved.

Date of Accident: January 1, 1977

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 292-77

CRESCENT TRUCK LINES

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Crescent
Truck Lines against the City and County of San Fran-
cisco in the sum of $21.00 as the result of a colli-
sion with a police vehicle, be, and the same is hereby
approved .

Date of Accident' February 15, 1977

AYES: Commissioners C:ani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

- 439 -

RESOLUTION NO. 293-77

WAYNE CLEMENT

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Wayne
Clement against the City and County of San Franci'sco
in the sum of $139.^7 as the result of a collision
with a police vehicle, be, and the same is hereby!
approved.

Date of Accident: April 5, 1977

AYES: Commissioners Ciani, Hall, Murphy
Siggins

NOT VOTING: Commisisoner Gallegos

RESOLUTION NO. 294-77

VERNON G. DINWIDDIE

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Vernon
G. Dinwiddie against the City and County of San Fran-
cisco in the sum of $129.00 as the result of a colli-
sion with a police vehicle, be, and the same is hereby
approved.

Date of Accident: April 18, 1977

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 295-77

CALIFORNIA STATE AUTOMOBILE
ASSOCIATION AND DANIEL P. CHAN

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Calif-
ornia State Automobile Association and Daniel P. Chan
against the City and County of San Francisco in the
sum of $432.45 as the result of a collision with a
police vehicle, be, and the same is hereby approved.

Date of Accident: December 31, 1976

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

- 440 -

RESOLUTION NO. 296-77

EDMUND CONROY AND FIREMAN'S
FUND INSURANCE COMPANY

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Edmund
Conroy and Fireman's Fund Insurance Company against
the City and County of San Francisco in the sum of
$264.60 as the result of a collision with a polic^-
vehicle, be, and the same is hereby approved.

Date of Accident: March 6, 1977

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING:

Commissioner Gallegos

RESOLUTION NO. 297-77

CALIFORNIA STATE AUTOMOBILE ASSOCIATION
INTER-INSURANCE BUREAU AND DONALD F. SULLIVAN

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of the
California State Automobile Association Inter-In- j
surance Bureau and Donald F. Sullivan against the,
City and County of San Francisco in the sum of $384.40
as the result of a collision with a police vehicle},
be, and the same is hereby approved.

Date of Accident: March 22, 1977

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING:

Commissioner Gallegos

RESOLUTION NO. 298-77

GAYLE HILLEARY & CALIFORNIA STATE
AUTOMOBILE ASSOCIATION

RESOLVED, that the recommendation of the
City Attorney for settlemetn of the claim of Gayle
Hilleary and California State Automobile Association
against the City and County of San Francisco in the
sum of $21.00 as the .result of a faulty tow, be, and
the same is hereby approved.

Date of Incident: March 7, 1977

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING

Commissioner Gallegos

- 441 -

RESOUTION NO. 299-77
TERRY DEAN POST

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Terry
Dean Post against the City and County of San Fran-
cisco in the sum of $27.50 as the result of failure
to notify of storage, be, and the same is hereby
approved.

Date of Incident: March 18, 1977

AYES: Commissioners Ciani, Hall, Murphy.
Siggins

NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 300-77

JOSEPH YIP KARLAM

RESOLVED, that the recommendation of the
City Attorney for settlement of the claim of Joseph
Yip Karlam against the City and County of San Fran-
cisco in the sum of $10.00 as the result of refund
of permit fee, be, and the same Is hereby approved.

Date of Incident: March 7, 1977

AYES: Commissioners Ciani, Hall, Murphy
Siggins

NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 301-77

ARTHUR CHAN

RESOLVED, that the recommendation of the
City Attorney for settlement of the Judgment of
Arthur Chan in the sum of $35.00 in Small Claims
Court Action No. 333-291 entitled "Arthur Chan v.
City and County of San Francisco," as the result of
damages sustained, be, and the same is hereby ap-
proved.

Date of Incident- July 6, 1976

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING: Commissioner Gallegos

- 442 -

RESOLUTION NO. 302-77

WILLIE TOLLIVER AND HIS
ATTORNEY EDWARD R. KAY

RESOLVED, that the recommendation of the
City Attorney for settlement of litigation of Willie
Tolliver and his attorney Edward R. Kay in the sum
of $2,000.00 in Superior Court Action No. 690-628
entitled "Willie Tolliver vs. City and County of San
Francisco" as the result of damages sustained, bej,
and the same is hereby approved.

Date of Incident: February 22, 1975

AYES: Commissioners Ciani, Hall, Murphy
Siggins

NOT VOTING: Commissioner Gallegos

RESOLUTION NO. 30 3-77

TRAVELING EXPENSE VOUCHERS - APPROVED

RESOLVED, that the Traveling Expense Vouchers
submitted by the following-named members of the Police
Department for expenses incurred in attending the, be-
low-indicated program, be, and the same are hereby ap-
proved:

Deputy Chief Mario Amoroso
Deputy Chief Donald L
Captain Andrew M.

•)$356.00
) Each
Taylor)

)
Kristensen )

(Executive Develop-
ment Training Course,
(Golden Gate Univer-
sity, Tiburon, Cal-
ifornia, from June
(5, 1977 to June 17,
(1977, inclusive.

AYES: Commissioners Ciani, Hall, Murphy,
Siggins

NOT VOTING:

Commissioner Gallegos

Mr. James Shan
Yellow Cab Coo
their appeal t
were distribut
mission. They
they requested
Police Commiss
to the Commiss
is the livelih

non and Mr. Don Fassett from the New
p stated that they had just received
ranseript from their attornies and
ing copies of it tonight to the Corn-
also passed out a resolution that
th.e Commission consider at the next
ion meeting. Mr. Shannon then spoke
ion stating that what is at stake here
ood of 250 households. He stated that

_443 -

they had made a bid to the Federal Bankruptcy
Court that was not surpassed but only equaled.
He stated that the money that they bid was the
amount they had saved from laboring in the Taxi
business here in San Francisco. He continued
by saying that the money the Dobbs people bid
came from the liquidation in Los Angeles whose
only interest are only speculative and they wish
in turn to re-sell it and profit on the merchan-
dising of the taxi permits. He stated that they
(the Yellow Cab Coop) felt this was wrong and are
now before the Commission asking that this reso-
lution be considered and perhaps passed at the
next Police Commission meeting. Commissioner
Siggins then stated that at the outset when it
was apparent that the Yellow Cab Company was in
violation of 1075 of the Police Dode the Commission
commenced action to revoke Yellow's cab permits.
The Commission, through the Federal Bankruptcy Court
was estopped by court order from proceeding with this
action. He continued by saying that the City Attorney
is challenging this order and is appearing before the
Bankruptcy Court in San Diego this Friday. He stated
that if the City is successful in that regard and the
court lifts that order, the Commission will hold hear-
ings of Public Convenience and Necessity for the issu-
ance of new permits. He further stated that the Com-
mission did not need the New Yellow Cab Coop's resolu-
tion but would make their own independent review of the
relative merits of any application to transfer taxi
permits and are bound by certain requirements out-
lined in the San Francisco Police Code.

The Commission then adjourned its meeting,

w

6 JULY 1977

REGULAR MEETING

The Police Commission of the City and
County of San Francisco did not hold their
regular meeting on this date.